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RODRIGUES v. CITY OF NEW YORK

12 A.D.2d 528 (1960)

John Rodrigues, an Infant, by His Guardian ad Litem, Catherine Rodrigues, et al., Appellants, v. City of New York et al., Respondents, et al., Defendant

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

November 28, 1960

Order dated October 14, 1958, reversed, without costs, and the matter remitted to the Trial Term for further proceedings not inconsistent herewith.

On this record and upon the additional affidavit submitted by the physician, which is uncontradicted, we are unable to say whether the injuries are such for which a jury would be justified in awarding damages in excess of $6,000. Further inquiry should be made and additional...

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