Legal Opinion
Krause v. Alper
New York Supreme Court
Decided January 31, 1957PublishedCited by 2 opinions
1Opinion of the CourtBenjamin Brenner, J.
The infant plaintiff sustained his injuries while playing basketball in the defendants’ driveway where the owners affixed a board and a basket above their garage door, in close proximity to a stationary wooden obstruction which served as a garage doorstop in the driveway and area of play. It is conceded that the infant plaintiff was one of a group of children invited to play with defendants’ son.
I do not agree with defendants’ contention that in these circumstances the infant must take the premises as he finds it and that the infant’s rights are no greater than those of trespassers and…
2Cases cited8 opinions
- Parnell v. Holland Furnace CompanyNew York Court of Appeals · 1932
- Walker v. BachmanNew York Court of Appeals · 1935
- Bergman v. FeitelowitzNew York Court of Appeals · 1938
- Parkes v. New York Telephone Co.New York Supreme Court · 1923
- Keenan v. Lawyers Mortgage Co.Appellate Division of the Supreme Court of the State of New York · 1938
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Schlaks v. SchlaksAppellate Division of the Supreme Court of the State of New York · 1962
- Krause v. AlperAppellate Division of the Supreme Court of the State of New York · 1957