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BARNABY v. RICE

75 A.D.2d 179 (1980)

Robert Barnaby, as Administrator of The Estate of Karen E. Barnaby, Deceased, Appellant-Respondent, v. Clifford Rice et al., Respondents-Appellants

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

June 19, 1980

Attorney(s) appearing for the Case

J. Byron O'Connell for appellant-respondent.

Lewis, Bell & Niles (John L. Bell of counsel), for respondents-appellants.

MAIN and MIKOLL, JJ., concur with GREENBLOTT, J.; MAHONEY, P. J., and KANE, J., dissent and vote to affirm in an opinion by KANE, J.

GREENBLOTT, J.

On the afternoon of August 29, 1976 plaintiff Robert Barnaby and his wife stopped their car in front of defendants' home to attend a garage sale advertised by a small sign placed in front of the property. The Barnabys left five of their six children, ranging in age from 23 months to 12 years, in the car and proceeded to examine the merchandise offered for sale. They never advised defendants that...

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