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JOHN LA CAMERA, by ROSARIO LA CAMERA, His Guardian ad Litem, et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

Action to recover damages for injuries sustained by an infant plaintiff as a result of the alleged negligence of defendants in failing to prevent him from trespassing in a building, and by his father for expenses and loss of services. Order denying motions of defendants to dismiss complaint for insufficiency reversed on the law, with $10 costs and disbursements, and motions granted, with $10 costs. Actionable negligence cannot be predicated upon the failure of defendants to prevent the infant from trespassing in the building. ( Carbone v. Mackchil Realty Corp., 296 N.Y. 154. ) Nolan, P.J., Carswell, Johnston, Wenzel and MacCrate, JJ., concur.

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LA CAMERA v. CITY OF NEW YORK
(Apr 14, 1952)