MOORE v. BENDER


280 A.D.2d 588 (2001)

720 N.Y.S.2d 209

TERRELL MOORE, an Infant, by His Mother and Natural Guardian, DOROTHEA MOORE, et al., Respondents, v. JENNIFER BENDER et al., Appellants.

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

Decided February 20, 2001.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

On June 25, 1995, the then-four-year-old infant plaintiff sustained injuries after he fell from the second-story window of the two-family dwelling where he lived and which the defendants owned. Thereafter, the plaintiffs commenced this action alleging that the defendants were negligent in permitting a dangerous and defective condition to exist by failing...

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