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MARTINEZ v. KAUFMAN-KANE REALTY CO., INC.

43 A.D.2d 554 (1973)

Roulmaldo Martinez, an Infant by His Mother and Natural Guardian, Rosa Martinez, et al., Respondents, v. Kaufman-Kane Realty Co., Inc., Appellant

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

November 29, 1973

Markewich, J. P., and Kupferman, J., dissent in the following memorandum by Kupferman, J.:

We dissent and would reverse and dismiss the complaint. The issue in this case is simple, but its resolution may be considered difficult in view of the sympathy which naturally arises for the plaintiff and his family. A 15-year-old boy was seriously injured while pursuing a shuttlecock, which landed on the second-story platform of a fire escape above a sidewalk store near which...

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