Mendez v. Goroff

In an action to recover damages for wrongful death, plaintiffs appeal: (a) from an order of the Supreme Court, Kings County, dated July 5, 1960, granting defendant’s motion, pursuant to rule 112 of the Rules of Civil Practice, to dismiss the amended complaint, and directing the entry of judgment accordingly; and (b) from the judgment thereafter entered dismissing the complaint. Order and judgment affirmed, with $10 costs and disbursements. It appears that a nine and a half-year-old boy was playing in and about defendant’s building, which was an uninhabited multiple dwelling. The boy fell…