REYES v. GAGLIARDI


21 A.D.2d 688 (1964)

Manuel R. Reyes, as Administrator of The Estate of Victor R. Reyes, Deceased, et al., Appellants, v. Donato Gagliardi et al., Respondents, et al., Defendant

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

May 18, 1964


Judgment, insofar as appealed from, affirmed, without costs.

No opinion.

Kleinfeld and Hill, JJ., dissent and vote to reverse the judgment and to grant a new trial, with the following memorandum:

The infant decedent fell through a space of 16 to 17 inches between 2 horizontal porch railing pipes, not protected by balusters or mesh work. The lower pipe was 16 inches high. Vertical posts were 5 feet apart. There is no dispute that decedent was where...

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