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CARMONA v. PADILLA

4 N.Y.2d 767 (1958)

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

Court of Appeals of the State of New York.

Decided February 27, 1958.

Attorney(s) appearing for the Case

Bernard Meyerson and Richards W. Hannah for appellant.

Murray D. Kors and Jack J. Albert for respondent.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and BURKE. Judge VAN VOORHIS dissents and votes to reverse and to dismiss the amended complaint upon the ground that there is no evidence in the record of actionable negligence.

Judgment affirmed, with costs...

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