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SIMON v. ORA REALTY CORP.

1 N.Y.2d 388 (1956)

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

Court of Appeals of the State of New York.

Decided June 8, 1956.

Attorney(s) appearing for the Case

Lewis Ginsburg for appellants.

William J. Tropp and Milton Pfeffer for respondent.

DESMOND, DYE, FULD, FROESSEL and BURKE, JJ., concur; VAN VOORHIS, J., taking no part.

CONWAY, Ch. J.

This action was brought to recover damages for personal injuries sustained by the infant plaintiff and for medical expenses incurred by his father as a consequence of the injury suffered by the infant plaintiff when a can of ashes fell on him from an ash can hoist, while he was helping the operator of the hoist.

The complaint alleges, in substance, that Ora Realty Corporation, the corporate...

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