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KRAUSE v. ALPER

4 N.Y.2d 518 (1958)

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

Court of Appeals of the State of New York.

Decided June 25, 1958.

Attorney(s) appearing for the Case

William F. McNulty for appellants.

Abraham Jame and George N. Kanoff for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS concur.

BURKE, J.

The infant plaintiff in this action, a boy then of 11 years of age, suffered personal injuries when he tripped over a wooden garage doorstop and fell while playing basketball with the defendants' son and two other boys, in the rear of the driveway of the premises owned and occupied by the defendants.

The young son of the defendants had invited the three...

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