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Martinez v. Store Realty Corp.

53 A.D.2d 561 Court N.Y. App. Div. Decision date 1976-06-22 English

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p. 561
Felipe Martinez, an Infant, by His Mother and Natural Guardian, Primativa Diaz, et al., Appellants, v Store Realty Corp., Respondent.

Judgment, Supreme Court, Bronx County, entered June 27, 1975, setting aside a jury verdict for plaintiffs-appellants, and dismissing the complaint for failure of a prima facie case, unanimously affirmed, without costs and without disbursements. The evidence did not sustain the existence of a causal relation between disrepair of the bottom of a window and the unfortunate fall of the infant plaintiff therefrom. Concur—Markewich, J. P., Kupferman, Lupiano, Birns and Lane, JJ.