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CARMONA v. PADILLA

4 A.D.2d 181 (1957)

Fannie A. Carmona, an Infant, by Anthony Carmona, Her Guardian ad Litem, Respondent, v. Renaldo Padilla, an Infant, by Michael Padilla, His Guardian ad Litem, et al., Defendants, and Carmen Padilla, Appellant

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

June 25, 1957.

Attorney(s) appearing for the Case

Bernard Meyerson of counsel (Richards W. Hannah, attorney), for appellant.

Murray D. Kors of counsel (Jack J. Albert with him on the brief; Kors, Albert, Glinert & Jacobs, attorneys), for respondent.

FRANK, VALENTE and BERGAN, JJ., concur with BOTEIN, J. P.; McNALLY, J., dissents and votes to reverse and grant a new trial in opinion.

BOTEIN, J. P.

Upon the assumption that the jury, in returning a verdict in the infant plaintiff's favor, accepted her version of the happening of the accident, the following facts are implicit in the verdict.

The appellant, who is the only one of several defendants against whom a verdict was rendered, is the grandmother of the infant defendant. The infant plaintiff was 15 months old at the time of the...

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