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WEINERT v. DOWNEY

7 A.D.2d 851 (1959)

Robert D. Weinert, an Infant, by His Guardian ad Litem, Stuart E. Weinert, et al., Respondents, v. William Downey, Appellant

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

January 5, 1959

Judgment affirmed, with costs.

A jury question was presented (Wilson v. City of New Rochelle, 285 App. Div. 1059, motion for leave to appeal denied 308 N.Y. 1054).

Ughetta, J., dissents and votes to reverse the judgment and to dismiss the complaint, with the following memorandum:

I fail to see any negligence whatsoever in a landlord's maintaining a rose bush in the yard of a rented house. The infant, aged 9, ran into the rose bush...

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