LOPEZ v. CITY OF NEW YORK


4 A.D.2d 48 (1957)

Joseph Lopez, an Infant, by Genevieve Lopez, His Guardian ad Litem, et al., Appellants, v. City of New York, Respondent

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

May 27, 1957.


Attorney(s) appearing for the Case

Bernard Meyerson, Sidney S. Loberfeld and Nathan S. Blum for appellants.

Peter Campbell Brown, Corporation Counsel (Seymour B. Quel, John A. Murray and Jacob J. Rosenbloom of counsel), for respondent.

NOLAN, P. J., and KLEINFELD, J., concur with HALLINAN, J.; BELDOCK, J., dissents and votes to affirm, with memorandum, in which WENZEL, J., concurs.


HALLINAN, J.

In this action by an infant to recover damages for personal injuries, and by his mother for medical expenses and loss of services, the basic question presented is whether the respondent's motion to set aside the verdict in favor of appellants was properly granted.

The infant was injured as a consequence of being struck by a swing in a public playground, maintained by respondent through its...

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