FINEMAN v. KREBS


17 Misc.2d 922 (1959)

Alvin J. Fineman, an Infant, by Louis Fineman, His Guardian ad Litem, et al., Appellants, v. William V. Krebs, Doing Business under the Name of "Camp Kahagan", Respondent.

Supreme Court, Appellate Term, Second Department.

January 23, 1959.


Attorney(s) appearing for the Case

Sylvester J. Garamella and Meyer D. Siegel for appellants.

Garvey & Conway (E. Nicholas Pinto of counsel), for respondent.

Concur — PETTE, HART and DI GIOVANNA, JJ.


Per Curiam.

The order on reargument which denied a motion to set aside verdict and grant a new trial should be reversed and motion granted; judgment unanimously reversed upon the law and facts and a new trial ordered, with costs to the plaintiff to abide the event. The infant's testimony is the only testimony in the record bearing on the question of liability. Unsworn testimony of an infant is not permissible in a...

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