KRAUSE v. ALPER


4 A.D.2d 968 (1957)

Samuel Krause, by His Guardian ad Litem, David Krause, Plaintiff, and David Krause, Respondent, v. Samuel Alper et al., Appellants

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

November 25, 1957


Judgment affirmed, with costs.

No opinion.

Nolan, P. J., and Ughetta, J., dissent and vote to reverse the judgment and to dismiss respondent's complaint with the following memorandum:

The infant was a social guest and the dangerous condition was open and apparent. No new danger was created while he was on the premises. Under the circumstances, the duty of appellants to correct a dangerous condition or to warn the infant existed only if they knew of...

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