neutral
Cited (no substantive treatment)
0.1 score
Retrieving the full opinion text from the archive…
Amato Caparco, an Infant, by His Guardian ad Litem, Attilio Caparco
v.
City of New York
v.
City of New York
Appellate Division of the Supreme Court of the State of New York.
Dec 17, 1962.
Cited by 1 opinion | Published
In a negligence action to recover damages for personal injury, medical expenses and loss of services, resulting from the infant plaintiff’s fall from a fence in a public playground which he attempted to climb, the plaintiffs appeal from a judgment of the Supreme Court, Kings County, entered December 7, 1961 after a jury trial, which dismissed the complaint at the end of plaintiffs’ case. Judgment reversed on the law, and a new trial granted, with costs to plaintiffs to abide the event. In our opinion, plaintiffs made out a prima facie case. It was error therefore to dismiss the complaint as a matter of law. Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.