MARTINEZ v. KAUFMANKANE REALTY CO., INC.


34 N.Y.2d 819 (1974)

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

Court of Appeals of the State of New York.

Decided June 12, 1974.


Attorney(s) appearing for the Case

Benjamin H. Siff, J. Robert Morris and Thomas R. Newman for appellant.

Jacob D. Fuchsberg and Charles F. McGuire for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, RABIN and STEVENS concur in memorandum; Judge WACHTLER concurs in a separate memorandum.


MEMORANDUM.

Since injury to infant plaintiff resulted from an artificial, dangerous condition on defendant's property, the decisive issue was the foreseeability of the risk of the accident which resulted in the injury. Under the facts of this case, the duty of care owed plaintiff could be correlated to the risk of harm reasonably to be perceived, regardless of status, whether that of trespasser, licensee, or invitee in the...

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