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NAERIS v. NEW YORK TEL. CO.

6 A.D.2d 196 (1958)

Albert Naeris, Individually and as Guardian ad Litem of Alar Naeris, an Infant, Appellant, v. New York Telephone Company, Respondent

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

July 1, 1958.

Attorney(s) appearing for the Case

Arnold B. Elkind of counsel (George Brody, attorney), for appellant.

Robert Luce Donohue of counsel (Jordan R. Bassett with him on the brief; G. Wallace Bates, attorney), for respondent.

BOTEIN, P. J., and BREITEL, J., concur with McNALLY, J.; STEVENS, J., dissents in opinion, in which VALENTE, J., concurs.

McNALLY, J.

The principal issues on this appeal are whether the evidence presented raised jury questions as to proximate cause and reasonable foreseeability in respect of the defendant-appellant's act of double parking and the accident. The learned trial court, in dismissing the complaint at the close of the proof, assumed the defendant's truck was double parked, that the act of the defendant was negligent, but...

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