Martinez v. Kaufman-Kane Realty Co.

Judgment, Supreme Court, Bronx County entered on or about July 31, 1973, affirmed on the opinion of Drohan, J., at Trial Term. Concur — Murphy, Tilzer and Capozzoli, JJ.; Markewich, J. P., and Kupferman, J., dissent in the following memorandum by Kupferman, J.: We dissent and would reverse and dismiss the complaint. The issue in this case is simple, but its resolution may be considered difficult in view of the sympathy which naturally arises for the plaintiff and his family. A 15-year-old boy was seriously injured while pursuing a shuttlecock, which landed on the second-story platform of a…