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RAFOS v. ROLNICK

15 A.D.2d 505 (1961)

Roy A. Rafos, Jr., by Roy H. Rafos, His Guardian ad Litem, et al., Appellants, v. William Rolnick et al., Individually and Doing Business as Broadway Auto Parts, Respondents

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

December 4, 1961

The infant plaintiff, 11 years of age at the time of the accident, suffered burns when he, together with his younger brother, entered the yard of defendants' business premises and ignited a match and threw it near the uncapped gasoline tank of a truck which had been there, unused, for about two months. The truck had no tires or body. These boys and other boys had played in this yard from time to time, but had been chased from the...

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