Butler ex rel. Butler v. Rafferty, 100 N.Y.2d 265, 792 N.E.2d 1055, 762 N.Y.S.2d 567, 2003 N.Y. Slip Op. 14808, N.Y., Jun 10, 2003
Personal injury action was brought against co-owner of residence, by parents of minor injured in fall from bunk bed in portion of residence in which co- tenant resided. The Supreme Court, Albany County, Malone, Jr., J., entered summary judgment for defendant and appeal was taken. The Supreme Court, Appellate Division, 291 A.D.2d 754, 738 N.Y.S.2d 440, affirmed, and plaintiffs appealed. The Court of Appeals, Rosenblatt, J., held that defendant did not control portion of house where accident occurred, and thus could not be held liable for injuries sustained by minor.