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PIERCE v. HELZ

64 Misc.2d 131 (1970)

David Pierce, an Infant, by Donald L. Pierce, His Natural Father and Guardian ad Litem, Plaintiff, v. Stanley Helz et al., Defendants.

Supreme Court, Special Term, Otsego County.

September 28, 1970

Attorney(s) appearing for the Case

Chester J. Winslow, Jr., for plaintiff. Hinman, Howard & Kattell (James L. Chivers of counsel), for Stanley Helz, defendant.

HOWARD A. ZELLER, J.

Infant plaintiff, David Pierce, was seriously burned and injured in New York when a half buried gasoline tank exploded after he tossed a lighted firecracker into it. The incident occurred at a vacant lot adjacent to an Oneonta park on July 5, 1968 when he was 11 years of age. Thereafter this negligence action was commenced on his behalf against the four defendants. Defendant Helz moves to dismiss the complaint upon the ground it fails...

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