Kelly v. Prior

In an action to recover damages for personal injuries sustained by the infant plaintiff and for medical expenses, etc., of his father, defendant appeals from an order of the Supreme Court, Rockland County, dated September 19, 1972, which denied his motion for summary judgment. Order reversed, on the law, *690without costs, motion granted and complaint dismissed. Defendant is the owner of a three-family apartment building in which the parents of the '2%-year-old infant plaintiff had been tenants for some three years. A driveway on the premises led to a two-car garage at the rear of the building.…