SPIRE v. GUNNELL


25 A.D.2d 935 (1966)

Donald R. Spire et al., Respondents, v. William J. Gunnell et al., as Executors of Alice E. Wilhelm, Deceased, Appellants

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

May 12, 1966


Judgment unanimously reversed on the law and facts, without costs of this appeal to either party, and complaint dismissed, without costs.

Memorandum:

Infant plaintiff was burned by contact with a bonfire started by a stranger in a vacant lot owned by defendants' testator. The evidence established beyond doubt that there was no business relationship between the parties, that no invitation, inducement or permission had ever in fact been given plaintiff or his...

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