Burgess v. Cappola

In Burgess v. Cappola (251 AD2d 1001 [4th Dept 1998]), an action arising from an infant's fall from a second-story window of his parents' apartment, the Appellate Division held that the trial court properly dismissed the affirmative defenses asserted by the defendant owners that were based upon a claim that the parents' negligence caused their son's accident. In so ruling, that Court specifically "rejected defendants' contention that, as tenants, plaintiffs owed a duty to the world at large to maintain the windows in a manner that would prevent infant children from crawling through them and falling" (id.).