TALEVI v. METRO. LIFE INS. CO.


7 A.D.2d 900 (1959)

Peter Talevi, an Infant, by Lena Talevi, His Guardian ad Litem, et al., Respondents, v. Metropolitan Life Insurance Company, Appellant

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

February 5, 1959


Judgment in favor of plaintiffs reversed, the verdict in favor of plaintiffs vacated, on the law and on the facts, and a new trial ordered, with costs to appellant to abide the event.

On this record the verdict in this personal injury negligence action is against the weight of the credible evidence. The accident was the result of horseplay among young boys at a recreational playground (Blume v. City of Newburgh, 291 N.Y. 739). Involved were impulsive acts,...

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