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ROARK v. HUNTING

24 N.Y.2d 470 (1969)

Robert Roark et al., Respondents, v. Edward Hunting et al., Appellants.

Court of Appeals of the State of New York.

Decided April 17, 1969.

Attorney(s) appearing for the Case

Myron Komar for appellants.

Thomas F. Turley for respondents.

Chief Judge FULD and Judges BERGAN, BREITEL and JASEN concur with Judge SCILEPPI; Judges BURKE and KEATING dissent and vote to affirm on the opinion at the Appellate Division.

SCILEPPI, J.

On February 12, 1964 plaintiff Robert Roark, then 19 years old, fell on an icy patch on the sidewalk abutting a store and building owned by the defendants Edward and Peter Hunting and occupied by codefendant Frederick Grober (not a party to this appeal) as tenant. The fall resulted in the fracture of Robert's left ankle. Thereafter Robert and his mother, Winifred, instituted separate actions against...

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