(DOWNLOAD) "Anthony C. Curry v. New York City Housing Authority" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Anthony C. Curry v. New York City Housing Authority
- Author : Supreme Court of New York
- Release Date : January 17, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Order, Supreme Court, New York County, entered October 30, 1979, granting plaintiffs motion to dismiss the first, second, third and fifth affirmative defenses, and denying the defendants cross motion to dismiss the complaint for failure to serve a timely notice of claim, to dismiss the second and third causes of action as not embraced in the notice of claim, and to dismiss the second and third causes of action for failure to state a cause of action, modified, on the law, without costs, to grant defendants motion to dismiss the second and third causes of action, and otherwise affirmed. This is an action for damages allegedly sustained when a two-year-old child fell out of the window of an apartment owned and managed by the defendant. Three causes of action are set forth, all based upon alleged defects in the window from which the child fell. The first cause of action alleges negligence of the defendant in allowing the window to become and remain in a defective condition, without a window guard, in an apartment in which small children were known to live. The second cause of action alleges that the defective condition of the window constituted a violation of implied warranty of habitability embodied in section 235-b of the Real Property Law. The third cause of action alleges violation of section 131.15 of the Health Code of the City of New York regulating the circumstances under which window guards are to be placed on the windows of apartments in which children under 10 years of age are known to reside. In the order appealed from, Special Term granted plaintiffs motion to dismiss the first affirmative defense alleging comparative negligence, the second affirmative defense alleging that the notice of claim was not timely served, and the third and fifth affirmative defenses alleging varying failures to comply with section 50-e [77 A.D.2d 534 Page 535]
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