Simmons v. Sacchetti

Order, Supreme Court, Bronx County (Dominic R. Massaro, J.), entered on or about October 15, 2008, which denied plaintiffs’ motion to dismiss the counterclaims of defendants Vito Sacchetti and TMS Management Company for failure to state a cause of action or for summary judgment dismissing the counterclaims, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of plaintiffs dismissing the counterclaims.

Plaintiffs seek damages for injuries sustained by the infant plaintiff after she wandered into the bathroom and entered the…