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FLYNN v. CITY OF NEW YORK

13 A.D.2d 237 (1961)

Thomas Flynn, an Infant, by His Guardian ad Litem, Mary Flynn, et al., Respondents, v. City of New York et al., Appellants, et al., Defendants

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

June 8, 1961.

Attorney(s) appearing for the Case

Seymour B. Quel of counsel (Fred Iscol with him on the brief; Charles H. Tenney, Corporation Counsel), for City of New York, appellant.

Benjamin H. Siff (Allen M. Taylor, attorney), for Emanuel Gutman, appellant.

Irving A. Thau for respondents.

RABIN, J. P., VALENTE, McNALLY and BERGAN, JJ., concur.

STEVENS, J.

This is an appeal from a judgment entered upon a verdict in favor of plaintiff against the City of New York and an individual defendant.

On March 17, 1954, the infant plaintiff, then 13 years of age, in the 7th grade, was playing with other boys in an abandoned car in a vacant lot owned by defendant Gutman. The tank of the car contained gasoline. This tank was broken open by the boys and the...

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