LA CAMERA v. CITY OF NEW YORK

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.