Legal Opinion
McNamara v. Banney
Appellate Division of the Supreme Court of the State of New York
Decided May 31, 1996PublishedCited by 3 opinions
1Opinion of the Court
Appeal from order insofar as it denied reargument unanimously dismissed and order modified on the law and as modified affirmed with costs to second third-party defendants in accordance with the following Memorandum: During the early morning hours of August 10, 1985, plaintiff, Sean J. McNamara, 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, Mary Jo, left for work, the baby sitter was asleep on a couch in the living room. The child awoke, opened the window wider and fell from the…
2Cases cited6 opinions
- Empire Insurance v. Food City, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- 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
- Kelchner v. John Deere Co.Appellate Division of the Supreme Court of the State of New York · 1989
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3Cited by3 opinions
- Becker v. University Physicians of Brooklyn, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- McNamara v. BanneyAppellate Division of the Supreme Court of the State of New York · 1998
- Nicotra v. CNY Family Care, LLPAppellate Division of the Supreme Court of the State of New York · 2020