King v. Rotterdam Shopping Center, Inc.

Reynolds, J. (dissenting).

The majority of this court has found “ arguable issues which preclude summary judgment.” I cannot agree. Even assuming the infant plaintiff were an invitee, the defendants’ duty was at most to use reasonable care in keeping their premises in a reasonably safe condition. This test the defendants have met. The injury was not due to any defect in the structure of the wall, i.e., no loose bricks or stones fell on him nor did any portion of the wall give way and thus cause him to topple (Carbone v. Mackchil Realty Corp., 296 N. Y. 154). For was the injury due to the…