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BENJAMIN v. CITY OF NEW YORK

64 N.Y.2d 44 (1984)

James C. Benjamin, an Infant, by His Mother and Natural Guardian, Dorothy Benjamin, et al., Appellants, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 18, 1984.

Attorney(s) appearing for the Case

Ignatius John Melito, Thomas R. Newman and Terry D. Horner for appellants.

Frederick A. O. Schwarz, Jr., Corporation Counsel (John R. Hupper, Jr., of counsel), for respondent.

Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in Per Curiam opinion; Chief Judge COOKE dissents and votes to reverse in a separate opinion.

Per Curiam.

During the afternoon of June 17, 1974, plaintiffs and other children were playing softball on a vacant, City-owned lot between two buildings. One of the other boys obtained a can of lacquer from a nearby van, poured the lacquer into a metal pipe, and then started a fire. As plaintiffs gathered to watch, an explosion occurred and plaintiffs were seriously burned. They commenced this action for damages against...

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