KING v. ROTTERDAM SHOPPING CTR.


21 A.D.2d 387 (1964)

Jeffrey King, an Infant, by His Guardian ad Litem, Florence E. King, et al., Appellants, v. Rotterdam Shopping Center, Inc., et al., Respondents

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

June 23, 1964.


Attorney(s) appearing for the Case

Nicholas J. Grasso and George J. Camino for appellants.

Bernard Helfenstein (Herbert Minster and Murphy, Aldrich, Guy, Broderick & Simon of counsel), for Rotterdam Shopping Center, Inc., respondent.

Donohue, Bohl & Clayton (Myron Komar of counsel), for S. George Gordon, respondent.

GIBSON, P. J., TAYLOR and AULISI, JJ., concur with HERLIHY, J.; REYNOLDS, J., dissents and votes to affirm, in opinion.


HERLIHY, J.

The complaint alleged in part that the wall upon which the infant plaintiff was playing at the time of his fall was built, maintained and controlled by the defendant Rotterdam Shopping Center, with the permission of the defendant Gordon, along the property dividing line.

It is further alleged that the defendants had knowledge of the said dangerous condition of the wall, permitted children...

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