SIMON v. ORA REALTY CORP.


281 A.D. 962 (1953)

Leonard Simon, an Infant, by Edward Simon, His Guardian ad Litem, et al., Appellants, v. Ora Realty Corporation, Respondent, et al., Defendants

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

April 21, 1953.


Per Curiam.

The record is without any proof that defendant's [respondent's] employee, an unidentified person, was authorized to use the assistance of anyone else, or that such authority may be implied from the duties to be performed. Although plaintiff [infant] had examined defendant before trial, the examination was not used on the trial. Consequently, there was no proof of the duties or responsibilities of the employee, never identified, let alone of any...

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