NATHAN v. ROCHESTER HOUSING AUTHORITY

1697 CA 09-01400

68 A.D.3d 1820 (2009)

890 N.Y.S.2d 870

2009 NY Slip Op 9940

DAREYA NATHAN, an Infant, By Her Parents and Natural Guardians, DARYL NATHAN and Another, et al., Appellants, v. ROCHESTER HOUSING AUTHORITY, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 30, 2009.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by plaintiff daughter when she fell through the balusters of a railing in a building owned by defendant. Contrary to the contention of plaintiffs, Supreme Court properly denied their motion for partial summary judgment on the issue of liability. "Plaintiff[s'] expert[s] cited no authority, treatise...

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