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LATINI v. SCHMIDT

29 N.Y.2d 741 (1971)

Fiore Latini, Appellant v. Paul Schmidt, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 21, 1971.

Attorney(s) appearing for the Case

Benjamin H. Siff and Thomas R. Newman for appellant.

William F. McNulty and Harold M. Foster for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI and JASEN. Dissent: Judges BERGAN, BREITEL and GIBSON.

Order affirmed, without costs; no opinion.

Judges BERGAN, BREITEL and GIBSON dissent and vote to reverse and grant a new trial on the ground that an issue was raised as to the existence of a trap upon the roof of the defendant's premises with foreseeable risk to those lawfully on the roof, and Judge GIBSON dissents on the additional ground that the trial court erred in declining to submit to the jury the issues arising upon...

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