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Ginsberg v. Levbourne Realty Co.

23 N.Y.2d 874 Court N.Y. Decision date 1969-01-15 English

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p. 874
Jacob Ginsberg, Respondent, v. Levbourne Realty Company, Inc., Appellant.
Submitted November 19, 1968;
decided January 15, 1969.
p. 875
E. Edan Spencer and Walter Feller for appellant.
Louis B. Scheinman for respondent.

Order reversed, without costs, and complaint dismissed on the dissenting opinion at the Appellate Division.

p. 876
Concur: Chief Judge Fuld and Judges Scileppi, Bergan and Breitel. Judges Burke, Keating and Jasen dissent and vote to affirm upon the ground that the jury was warranted in finding that defendant was negligent in failing to maintain the basketball court in a reasonably safe manner for the anticipated use of the resort hotel guests.