CUEVAS v. 73RD & CENT. PARK WEST


26 A.D.2d 239 (1966)

Michael Cuevas, an Infant, by George Cuevas, His Guardian ad Litem, et al., Appellants, v. 73rd & Central Park West Corporation, Respondent, et al., Defendants

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

July 19, 1966.


Attorney(s) appearing for the Case

John P. Hale of counsel (Friedberg & Einhorn, attorneys), for appellants.

William F. McNulty of counsel (Bachkoff, Miller & Steger, attorneys), for respondent.

BOTEIN, P. J., and EAGER, J., concur with BREITEL, J.; CAPOZZOLI, J., dissents in opinion, in which STEUER, J., concurs.


BREITEL, J.

The issue is whether an owner is liable to an infant for injuries sustained as a result of another child raising and dropping a public sidewalk grating-type cellar door on the infant's hand. The door was not locked although it had a locking mechanism, because the mechanism was in disrepair. The trial court dismissed the complaint as a matter of law at the close of plaintiffs' case.

The judgment...

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