HEALY v. CITY OF NEW ROCHELLE


25 A.D.2d 446 (1966)

James M. Healy, Individually, and as Administrator of The Estate of Kenneth Healy, Deceased, Respondent, v. City of New Rochelle, Defendant, and John M. Walsh et al., Appellants

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

January 24, 1966


Judgment, insofar as appealed from, affirmed, with costs.

The infant, concededly a trespasser on residence premises under the appellants' control, was drowned when he fell through the ice on a swimming pool in the rear of the premises. It appears that the premises were in close proximity to a large apartment house development and a playground used by the children living there; and that children were accustomed to play in a wooded area adjacent to appellants' property...

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