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LEARY v. SYRACUSE MODEL CORP.

9 Misc.3d 292 (2005)

799 N.Y.S.2d 867

ELIZA LEARY, an Infant, by Her Mother and Natural Guardian, CATRINA DEBOLD, et al., Plaintiffs, v. SYRACUSE MODEL NEIGHBORHOOD CORPORATION, Defendant and Third-Party Plaintiff. CHARETTE BROTHERS et al., Third-party Defendants. ELIZA LEARY, an Infant, by Her Mother and Natural Guardian, CATRINA DEBOLD, et al., Plaintiffs, v. CHARETTE BROTHERS et al., Defendants.

Supreme Court, Onondaga County.

June 6, 2005.

Attorney(s) appearing for the Case

Costello, Cooney & Fearon (Louis J. Viviani of counsel), for Charette Brothers.

Smith, Sovik, Kendrick & Sugnet (Karen M. Richards of counsel), for Syracuse Model Neighborhood Corporation.

OPINION OF THE COURT

EDWARD D. CARNI, J.

Introduction and Factual Background

These two actions arise from an incident which occurred on June 20, 2000 at a two-family residence complex located at 113 East Borden Avenue in Syracuse, New York. The infant plaintiff, Eliza Leary, resided in the second floor unit with her mother, plaintiff Catrina Debold. The second floor residential unit was owned and leased to Ms. Debold by defendant Syracuse Model...

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