BIEJANOV v. DAVID GUTTMAN


34 A.D.3d 710 (2006)

826 N.Y.S.2d 111

IRAKLY BIEJANOV, Respondent, et al., Plaintiff, v. JENO DAVID GUTTMAN et al., Appellants, et al., Defendant.

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

Decided November 28, 2006.


Ordered that the order is affirmed, with costs.

On July 20, 2002 the four-year old plaintiff, Irakly Biejanov, sustained injuries when a defective window in the building owned by defendant 8645 Realty, LLC, fell on his left hand. There was expert testimony that he fractured his thumb and his left index finger and suffered permanent nerve damage to the ulnar nerve. Shortly after the accident, he underwent surgery. Subsequent to the surgery, he could not fully straighten...

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