FLORENCE v. GOLDBERG


48 A.D.2d 917 (1975)

Carol Florence, as Mother and Natural Guardian of Darryle L. Davis, an Infant, et al., Respondents, v. Meyer Goldberg, Defendant, and Lilly Transportation Corp. et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 30, 1975


Judgment reversed, on the law and the facts, and new trial granted limited solely to the issue of damages, with costs to abide the event.

The infant plaintiff was a 6-1/2-year-old first-grade student at P.S. 191, which is located on Park Place, between Buffalo and Ralph Avenues, in Brooklyn. He had only to cross one street, Ralph Avenue, to get from the school to his home on Park Place. Ralph Avenue is a busy two-way street and, beginning long prior to the events...

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