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FLORENCE v. GOLDBERG

44 N.Y.2d 189 (1978)

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.

Court of Appeals of the State of New York.

Decided April 4, 1978.

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Bernard Burstein and L. Kevin Sheridan of counsel), for City of New York, appellant.

Seymour Madow, Aaron J. Broder and Ann Abbott for respondents.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

JASEN, J.

This appeal raises the issue whether a municipality may be held liable for injuries suffered by an infant struck by an automobile while attempting to negotiate a school crossing where the municipality's police department, having voluntarily assumed a duty to supervise school crossings — an assumption upon which the infant's parent relied — negligently omitted to station a guard at one...

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