BUTLER v. RAFFERTY


291 A.D.2d 754 (2002)

738 N.Y.S.2d 440

KATE L. BUTLER, an Infant, by WILLIAM C. BUTLER et al., Her Parents, Appellant, v. BRIAN F. RAFFERTY, Respondent, et al., Defendants.

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

Decided February 28, 2002.


Mercure, J.P.

Plaintiff, by her parents, commenced this action to recover for injuries she sustained on November 3, 1995 when she fell from the top bunk of a homemade bunk bed affixed to a bedroom wall in the residence of defendant Maureen Rafferty (hereinafter Rafferty) and her husband, defendant Matthew Keller, in the Town of Guilderland, Albany County (hereinafter the property). Plaintiff's claim of liability against defendant Brian F. Rafferty (hereinafter defendant...

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