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KELLY v. PRIOR

46 A.D.2d 689 (1974)

John Kelly, an Infant, by Charles E. Kelly, His Parent and Natural Guardian, et al., Respondents, v. Jerry Prior, Appellant

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

October 28, 1974

Order reversed, on the law, without costs, motion granted and complaint dismissed.

Defendant is the owner of a three-family apartment building in which the parents of the 2½-year-old infant plaintiff had been tenants for some three years. A driveway on the premises led to a two-car garage at the rear of the building. For several years prior to July 2, 1969, defendant kept an old panel truck, without license plates, parked...

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