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WARMSLEY v. LONG ISLAND BANANA CO., INC.

35 N.Y.2d 953 (1974)

Joseph L. Warmsley, an Infant, by His Mother and Natural Guardian, Cheryl Warmsley, et al., Appellants, v. Long Island Banana Co., Inc., Respondent.

Court of Appeals of the State of New York.

Decided December 20, 1974.

Attorney(s) appearing for the Case

Irwin Littman for appellants.

Sherwin Rear for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, RABIN and STEVENS concur in a memorandum; Judge JONES concurs in result in a separate memorandum; Judge WACHTLER dissents and votes to reverse in an opinion.

MEMORANDUM.

Order affirmed, without costs to either party. There is no evidence that defendant was aware of, authorized or consented to the presence of the plaintiffs in or upon its business premises.

This accident occurred on a Sunday afternoon when the plant was closed for business to the public. John Mills, an employee of defendant, took Cheryl Warmsley and her 17-month-old son to the premises, unlocked the door...

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