HERBST v. BALOGH


7 A.D.2d 530 (1959)

Lowell Herbst, an Infant, by Birdie Herbst, as Guardian ad Litem, et al., Appellants, v. Rose M. Balogh, Respondent

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

April 21, 1959.


Attorney(s) appearing for the Case

Emanuel Butter of counsel (Butter, Silverman & Biller, attorneys), for appellants.

Robert A. Dwyer of counsel (William H. Morris with him on the brief; James B. McLaughlin, attorney), for respondent.

BREITEL, J. P., RABIN, STEVENS and BERGAN, JJ., concur.


McNALLY, J.

In an action for personal injuries, plaintiffs, on an abbreviated record, appeal from a judgment dismissing the complaint entered on a jury verdict in favor of defendant.

The infant plaintiff, four and one-half years of age, on April 19, 1952, at or about 6:30 P.M., while crossing East 4th Street from the south to the north side thereof, between the intersection of First and Second Avenues...

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