Legal Opinion

Benjamin v. City of New York

New York Court of Appeals

Decided December 18, 1984PublishedCited by 30 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per 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 the City, alleging that it breached its duty to keep the lot reasonably safe by failing to take adequate precautions to minimize the danger to children posed by…

3Cases cited8 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Basso v. MillerNew York Court of Appeals · 1976
  3. Kush v. City of BuffaloNew York Court of Appeals · 1983
  4. Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
  5. Sheehan v. North Country Community HospitalNew York Court of Appeals · 1937

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4Cited by30 opinions

  1. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  2. Solomon v. City of New YorkNew York Court of Appeals · 1985
  3. Mesick v. StateAppellate Division of the Supreme Court of the State of New York · 1986
  4. Rivera v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1989
  5. Rosario v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990

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