decided: January 15, 1969.
JACOB GINSBERG, RESPONDENT,
LEVBOURNE REALTY COMPANY, INC., APPELLANT
Ginsberg v. Levbourne Realty Co., 28 A.D.2d 874, reversed.
Concur: Chief Judge Fuld and Judges Scileppi, Bergan and Breitel. Judges Burke, Keating and Jasen dissent.
Order reversed, without costs, and complaint dismissed on the dissenting opinion at the Appellate Division. 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.
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