CARTAGENA v. TANG


260 A.D.2d 337 (1999)

687 N.Y.S.2d 666

CHRISTIAN CARTAGENA, an Infant, by His Father and Natural Guardian, ROSALIO CARTAGENA, et al., Respondents, v. JIN LUNG TANG et al., Defendants and Third-Party Plaintiffs-Appellants. AMERICAN EMPIRE INSURANCE COMPANY, Third-Party Defendant-Respondent, et al., Third-Party Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 5, 1999.


Ordered that the order is affirmed insofar as appealed from, with costs.

In December 1987 the infant plaintiff was bitten on the face by a rat while sleeping in an apartment his parents rented in a multiple dwelling built prior to 1960. The building was owned by the defendant Bat Lo Chiu and managed by the codefendant Jin Lung Tang.

In 1989 the family of the infant plaintiff moved into another apartment in the same building. In December of that year, the same...

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