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SCURTI v. CITY OF NEW YORK

47 A.D.2d 650 (1975)

Joseph Scurti, as Administrator of The Estate of John J. Scurti, Deceased, Appellant, v. City of New York et al., Respondents

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

February 10, 1975

Judgment affirmed, without costs and without opinion.

Benjamin, J., dissents and votes to reverse the judgment and grant a new trial, with the following memorandum, in which Hopkins, Acting P. J., concurs:

Plaintiff's decedent, a 14-year-old boy, trespassed in a railroad freight yard, which adjoined a city operated playground. He climbed onto the roof of a stationary freight car, touched overhead wires, was severly burned and died from his injuries...

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