Gasquoine v. Bornstein

JUDGrE ROBSON

delivered the opinion of the court.

This is an appeal by the plaintiff from an order of the trial court dismissing an amended complaint for failure to state a cause of action. The decision was reached solely on the pleadings. The issue before the court was whether a landlord can be held liable to the infant child of a tenant for injuries sustained when the child falls through a defective window screen.

The facts as alleged by the pleadings are simple. Plaintiff at the time of the occurrence was seventeen months old and lived with his parents in a third-floor apartment leased to…