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ADEKANBI v. PURDUE LEASING

12 Misc.3d 1096 (2006)

821 N.Y.S.2d 373

TAIWO ADEKANBI, as Administrator of the Estate of VICTOR ADEKANBI, Deceased, Plaintiff, v. PURDUE LEASING LIMITED LIABILITY COMPANY et al., Defendants.

Supreme Court, Kings County.

June 16, 2006.

Attorney(s) appearing for the Case

Lester, Schwab, Katz & Dwyer, New York City, for defendants.

Mark Edward Goldberg, Port Chester, for plaintiff.

OPINION OF THE COURT

HERBERT KRAMER, J.

Plaintiff's decedent, a three-year-old infant, fell to his death after he gained access to the terrace of his sixth-floor apartment through a door in his living room that had a broken lock. Defendants move for summary judgment on the theory that plaintiff's claims of negligence are based upon speculation.

Plaintiff administrator makes two claims upon which...

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