JOSEPH v. HEMLOK REALTY CORP.


6 A.D.3d 392 (2004)

775 N.Y.S.2d 61

NICHOLAS JOSEPH, Respondent, v. HEMLOK REALTY CORP., Appellant.

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

April 5, 2004.


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

The plaintiff allegedly sustained injuries when the sash of a window suddenly descended on his right hand which was resting on the window ledge. At the time of the accident, the plaintiff was in his friend's apartment which was owned by the defendant.

The plaintiff commenced this action against the defendant alleging negligence. The defendant moved...

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