FINLEY v. 102-106 W. 143RD ST. CORP.


9 Misc.2d 367 (1957)

Rufus Finley, as Guardian ad Litem for Theodore Finley, an Infant, Appellant, et al., Plaintiff, v. 102-106 West 143rd Street Realty Corporation, Respondent and Third-Party Plaintiff. Colde Exterminating Co., Inc., Third-Party Defendant.

Supreme Court, Appellate Term, First Department.

June 17, 1957.


Attorney(s) appearing for the Case

Stanley M. Goldberg for appellant.

Jacob L. Rothstein and Bernard Helfenstein for respondent.

STEUER and HECHT, JJ., concur in Per Curiam opinion; HOFSTADTER, J., dissents in opinion.


Per Curiam.

The occasion for this opinion is that the ringing periods of the dissent require the majority to make some explanation of the grounds of their decision to escape the imputation of being unable to keep up with the social advances of the law. Possibly also we speak in this respect for the court below who in the situation is voiceless but whose action we have affirmed.

The plaintiffs are a father and his infant son who sued their landlord for...

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