LUIS MERCEDES v. MENELLA


34 A.D.3d 655 (2006)

827 N.Y.S.2d 73

JUAN LUIS MERCEDES et al., Appellants, v. ANTHONY MENELLA, Respondent. (And a Third-Party Action.)

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

Decided November 21, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was for summary judgment dismissing the complaint is denied.

According to the infant plaintiff's sister, who allegedly witnessed the subject incident, the infant plaintiff was leaning his right elbow on top of the bathroom sink of his home when it shifted about two inches to the right. In response, the infant plaintiff stepped back, and as he stepped...

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