ROFFENBENDER v. CITY OF NEW YORK


24 A.D.2d 581 (1965)

Lawrence Roffenbender, an Infant, by David Roffenberger, His Guardian ad Litem, et al., Appellants, v. City of New York et al., Respondents

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

July 6, 1965


Judgment affirmed, without costs.

No opinion.

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

On September 7, 1955 the then six-year-old infant plaintiff walked along the 22-inch-high concrete base bordering the sidewalk in front of the building maintained by the defendants. Mounted on the concrete base was a 34-inch-high iron picket fence. The infant plaintiff fell from the...

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