RIVERA v. 4064 REALTY CO.


17 A.D.3d 201 (2005)

794 N.Y.S.2d 18

JOSHUA RIVERA, an Infant, by His Mother and Natural Guardian, JEANETTE RIVERA, et al., Appellants, v. 4064 REALTY CO., Respondent. (And a Third-Party Action.)

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

April 19, 2005.


This is the second appeal arising from this personal injury litigation which resulted from a three-story fall by an infant through a window ostensibly made safe by the installation of a guard. Our first review reversed the IAS court's dismissal of plaintiff's claims and reinstated this action since we found that the evidence demonstrated that triable issues of fact existed as to whether defendant negligently installed a window guard and whether any such negligence was a proximate...

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