CABAN v. KEM REALTY, LLC

2018-06609, Index No. 3508/14.

172 A.D.3d 1302 (2019)

101 N.Y.S.3d 422

2019 NY Slip Op 04129

Gilberto Caban, Jr., Appellant, v. Kem Realty, LLC, Respondent.

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

Decided May 29, 2019.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

The plaintiff allegedly was injured when a window in an apartment he shared with his parents and sister abruptly closed on his left hand. The plaintiff commenced this action against the defendant, the owner of the apartment, to recover damages for personal injuries. The plaintiff alleged, inter alia, that the defendant negligently...

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