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BARKER v. PARNOSSA, INC.

39 N.Y.2d 926 (1976)

George Barker, as Administrator of The Estate of Jeffrey Barker, Deceased, Appellant, v. Parnossa, Inc., Respondent.

Court of Appeals of the State of New York.

Decided June 17, 1976.

Attorney(s) appearing for the Case

Harry V. Lynch for appellant.

Thomas R. Newman and Charles F. McGuire for respondent.

Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur; Chief Judge BREITEL concurs in result in a separate opinion in which Judge JASEN concurs.

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial granted.

The defendant seeks to sustain the dismissal of the complaint on two grounds (1) the trespassing status of the infant, (2) the failure of the plaintiff to show the exact cause of the boy's death.

In light of today's decision in Basso v Miller (40 N.Y.2d 233), the fact that...

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