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ALLSTATE INS. CO. v. FURMAN

84 A.D.2d 29 (1981)

Allstate Insurance Company, Appellant, v. Dennis R. Furman et al., Respondents. (Action No. 1.) Daniel J. Furman, an Infant, by Vincent J. Gentile, his Guardian Ad Litem, Respondent, v. Allstate Insurance Company, Appellant. (Action No. 2.)

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

December 28, 1981

Attorney(s) appearing for the Case

Schleider & Dupee (George S. Hodges of counsel), for appellant.

Finkelstein, Mauriello, Kaplan & Levine (Benjamin J. Fried of counsel), for respondents.

MOLLEN, P. J., HOPKINS and TITONE, JJ., concur.

WEINSTEIN, J.

On February 15, 1971, four- and one-half-year-old Daniel Furman was playing in the basement of his parents' home in Floral Park, New York. A tree stump had been placed on the basement floor, and a metal anvil was lying on the stump. Unfortunately, during the course of Daniel's activities in the basement, the anvil fell off the stump onto Daniel's left hand, seriously and permanently injuring it...

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