Legal Opinion
McNamara v. Banney
Appellate Division of the Supreme Court of the State of New York
Decided April 29, 1998PublishedCited by 4 opinions
1Opinion of the Court
—Order unanimously reversed on the law with costs, motion granted and counterclaim and second third-party complaint dismissed. Memorandum: During the early morning hours of August 10, 1985, plaintiff raised the window in the second-story bedroom occupied by his infant son about two inches to increase air circulation in the room. When plaintiff and his wife left for
*951work, the baby-sitter was asleep on a couch in the living room. The child awoke, opened the window wider and fell from the window. Plaintiff commenced this action against defendant Timothy Banney, the owner of the building, and…
2Cases cited6 opinions
- Holodook v. SpencerNew York Court of Appeals · 1974
- Nolechek v. GesualeNew York Court of Appeals · 1978
- Zikely v. ZikelyNew York Court of Appeals · 1984
- Zikely v. ZikelyAppellate Division of the Supreme Court of the State of New York · 1983
- Wilson v. Sears, Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 1987
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3Cited by4 opinions
- Burgess v. CappolaAppellate Division of the Supreme Court of the State of New York · 1998
- Mazza v. Ed Tompkins Plumbing Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Friedlander v. Doherty Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Ruffing v. Union Carbide Corp.New York Supreme Court · 2000