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DeMARCO v. BANSAL

No. 91 Civ. 6127 (MGC).

826 F.Supp. 785 (1993)

Selena DeMARCO & Ryann DeMarco, an infant by her mother and Natural Guardian, Selena DeMarco, Plaintiffs, v. Satnam Singh BANSAL & Rajmohan Kaup Bansal, Defendants.

United States District Court, S.D. New York.

August 2, 1993.

Attorney(s) appearing for the Case

Tanzman & Cerbone, Hartsdale by Cary M. Tanzman, for plaintiffs.

Pirrotti & Pirrotti, Tarrytown by Anthony J. Pirrotti, Jr., for defendants.

MEMORANDUM OPINION AND ORDER

CEDARBAUM, District Judge.

On August 6, 1990 Ryann DeMarco, a one and one-half year old child, was injured when an ornamental bird bath fell over in the front yard of the house the DeMarco family rented from defendants. Plaintiffs sue to recover damages for Ryann's injuries.

Defendants move for summary judgment on the grounds that following their transfer of possession and control of the premises, they are no longer...

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