BURTON v. NIAGARA MOHAWK POWER CORP.


280 A.D. 356 (1952)

Steve Burton, an Infant, by Paul J. Burton, His Guardian ad Litem, Respondent, v. Niagara Mohawk Power Corporation, Successor by Merger to The New York Power and Light Corporation, Appellant

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

June 13, 1952.


Attorney(s) appearing for the Case

Neile F. Towner, Julian B. Erway and Albert J. Danaher for appellant.

Carter & Conboy for respondent.

FOSTER, P. J., BREWSTER, BERGAN and COON, JJ., concur;


Per Curiam.

Plaintiff is an infant and maintains the action, commenced in 1950, for $200,000 for damages against the defendant utility corporation for a fall in 1939 in a hole created by the defendant's corporate predecessor in Broadway, Albany.

The complaint pleads two causes of action, the first to rescind a release executed on the plaintiff's behalf in 1939 which settled the claim for $25 on the ground of mutual mistake of fact by the parties as...

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