KORZENSKI v. DUNKIRK RADIATOR CORP.


19 A.D.2d 770 (1963)

Daniel Korzenski, an Infant, by His Guardian ad Litem, Bernard Korzenski, Respondent, v. Dunkirk Radiator Corporation, Appellant

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

July 1, 1963


Memorandum by the Court.

Plaintiff received a substantial verdict following a jury trial. There was proof that a third party with the knowledge and consent of defendant excavated a hole on its land approximately 800 feet long, 160 feet wide and 12 feet deep. Through the years water accumulated in the excavation to form a small pond and unidentified persons placed fish therein. There was evidence that various persons fished about the shore of the pond. The infant plaintiff...

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