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CARRADINE v. CITY OF NEW YORK

13 N.Y.2d 291 (1963)

Charles Carradine, an Infant, by His Guardian ad Litem, Daniel Carradine, et al., Respondents, v. City of New York, Appellant, et al., Defendants. (Action No. 1.) Thomas Santiago, as Administrator of The Estate of Robert Santiago, Deceased, Respondent, v. City of New York, Appellant, et al., Defendants. (Action No. 2.)

Court of Appeals of the State of New York.

Decided December 30, 1963.

Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel (John A. Murray and Seymour B. Quel of counsel), for appellant.

Herman J. McCarthy and Edward S. Marshall for Charles Carradine and another, respondents.

Frederick J. Ludwig and Bernard Pizzitola for Thomas Santiago, respondent.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI concur.

Per Curiam.

We agree with the Appellate Division that the proper standard of care owed to trespassers by a property owner, in refraining from willful, wanton or intentional acts or their equivalents, is to be determined from the pertinent facts and relevant circumstances of each case. We feel, however, that a new trial should be ordered in this case, since the trial court erroneously charged the jury, with exception...

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