Beauchamp v. New York City Housing Authority

Steuer, J. (dissenting).

The defendant, New York City Housing Authority, had acquired six buildings on Trinity Avenue, The Bronx. On the day of the accident, May 16, 1960, these buildings were vacant and awaiting demolition. It was in one of these buildings that plaintiff met with the accident for which he has recovered.

While the facts are in substantial dispute, the version accepted by the jury is perforce accepted here. According to that, plaintiff, a boy of 10, entered No. 529 Trinity Avenue (one of the houses referred to) to retrieve his baseball glove which had been thrown into the…