EUFEMIA v. PACIFICO


24 A.D.2d 673 (1965)

Joseph Eufemia, Respondent, v. Fiorio Pacifico et al., Appellants

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

July 8, 1965


REYNOLDS, J.

Respondent was injured when parts of a chimney of a burning house owned by appellant Fiorio Pacifico fell on his left leg and ankle. At the time of the injury respondent was walking toward the burning structure ostensibly to help Vincent Pacifico, Fiorio's son, to see if anything could possibly be salvaged from the conflagration. Respondent predicates negligence on Vincent's failure to warn him about the danger that the chimney might fall...

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