PELKEY v. BRENNAN


12 A.D.2d 215 (1961)

Patricia Pelkey, an Infant, by Edward Pelkey, Her Guardian ad Litem, et al., Respondents, v. Raymond D. Brennan, Doing Business as Brennan's Roller Rink, Appellant

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

January 17, 1961.


Attorney(s) appearing for the Case

McPhillips, Fitzgerald & McCarthy (Franklin M. Peabody and Gerald P. McPhillips of counsel), for appellant.

George E. Toomey and Francis W. McGinley for respondents.

BERGAN, P. J., COON, HERLIHY and REYNOLDS, JJ., concur.


GIBSON, J.

The infant plaintiff and her father have recovered damages on account of personal injuries sustained as the result of the infant's fall while skating on defendant's roller skating rink, which occurred, according to her version, when she was brushed or struck by an unidentified skater. Contrary to the statute hereinafter discussed, the infant plaintiff, then 13 years old, was permitted to enter and remain at the rink after 7:00 P.M., accompanied...

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