Summary
In Bua v. Fernandez, 15 N.Y.2d 664, 255 N.Y.S.2d 877, 204 N.E.2d 207, the New York Court of Appeals, with three judges dissenting, reversed a judgment in favor of a nine-year-old social guest, affirmed by the Appellate Division, 21 A.D.2d 887, 251 N.Y.S.2d 773, with two judges dissenting, for the reason that, under the circumstances, the glass door did not constitute a trap of which the infant was unaware and hence the owner did not have any duty to give her special notice or warning.
Summary of this case from Shannon v. Butler Homes, Inc.Opinion
Argued November 23, 1964
Decided December 3, 1964
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, MANUEL W. LEVINE, J.
Louis J. Castellano, Jr., for appellant.
Henry J. O'Hagan and George W. Kelly for respondent.
Order reversed and complaint dismissed, without costs, upon the dissenting memorandum at the Appellate Division; no opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS and SCILEPPI. Judges DYE, BURKE and BERGAN dissent and vote to affirm.