Appellate Division of the Supreme Court of the State of New York December 28, 1981 (Allstate Insurance v. Furman)

OPINION OF THE COURT

Weinstein, J.

On February 15, 1971, four- and one-half-year-old Daniel Furman was playing in the basement of his parents’ home in Floral Park, New York. A tree stump had been *30placed on the basement floor, and a metal anvil was lying on the stump.