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BARRETT v. LUSK

265 A.D.2d 654 (1999)

695 N.Y.S.2d 776

MAY I. BARRETT, Individually and as Parent and Guardian of HOLLY BARRETT, an Infant, Respondent, v. DIANE LUSK et al., Appellants.

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

Decided October 14, 1999.

Graffeo, J.

In September 1996, Holly Barrett (hereinafter plaintiff), then 16 years old, sustained serious injuries when she fell from the second-story porch of rental premises owned by defendants. Although the screening which had enclosed the porch had been removed, the wooden window and/or screen framing remained affixed to the porch structure. Immediately prior to her accident, plaintiff was sitting on the sill of the...

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