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LIBBY v. WALDBAUM'S, INC.

240 A.D.2d 547 (1997)

658 N.Y.S.2d 454

Michael C. Libby, an Infant, by His Father and Natural Guardian, Herbert Libby, et al., Appellants-Respondents, v. Waldbaum's, Inc., et al., Defendants, Dale Systems, Inc., Also Known as Dale Security Systems, et al., Respondents, and Shirley Drive-in Associates et al., Respondents-Appellants. (And Third-Party Actions.)

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

June 16, 1997

Ordered that the order is affirmed insofar as appealed and cross appealed from, without costs or disbursements.

On a Sunday afternoon, the 14-year-old plaintiff Michael Christopher Libby and two friends went to the site of a super-market under construction "to check it out". They entered the site through a hole in the fence, and climbed a scaffold up to the roof. It is undisputed that one of the youths lit a propane torch and the other deliberately kicked over a bucket...

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