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BUA v. FERNANDEZ

21 A.D.2d 887 (1964)

Joseph Bua, Individually and as Guardian ad Litem of Cynthia Bua, an Infant, et al., Respondents, v. Edward Fernandez, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 9, 1964

Judgment affirmed, with costs.

In our opinion, the defendant's liability was properly determined as a question of fact, since the glass was not made apparent by any warning device to one using the passageway (Shannon v. Broadway & 41st St. Corp., 272 App. Div. 1029, affd. 298 N.Y. 589). The infant plaintiff "having `the status of a licensee', the defendant [landowner] owed him `the duty to exercise reasonable care to disclose * * * dangerous defects known...

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