In the News
$4,265,000 Settlement For 4-yr Old Boy Who Survives Fall From 5th Floor Window
12 April 2010
As reported by the New York Post, on April 20, 2005, 4-year Anishur was playing near a bedroom window in his family’s Bronx apartment, when he accidentally fell out a window, in an alley 5-floors below. Miraculously, he fell with a pillow and survived the fall. However, he suffered internal injuries, including injuries to several organs and spinal and facial fractures; he required several surgeries, including a spinal fusion. His family claimed that here was no window guard on that window as is required by New York law.
Levine & Blit commenced a law suit in Bronx County Supreme Court. The landlord argued that the window guard had been installed (in fact, it was found behind the radiator near the window), and that it had been removed by the family. The landlord had witnesses, including the building superintendent, who supported that position. They further argued that Anishur had a remarkable recovery from his injuries, and supported that claim with video tapes of him playing soccer with his schoolmates.
After an extended period of hard fought litigation, the parties agreed to submit the matter to a non-binding mediation. That mediation led to a settlement which resulted in a recovery for Anishur which will pay him approximately $4,265,000 after legal fees.