POYAS v. R K O THEATRES


14 A.D.2d 358 (1961)

Lillian Poyas, an Infant, by Lillian Poyas, Her Guardian ad Litem, et al., Respondents, v. Rko Keith Orpheum Theatres, Inc., Appellant

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

November 14, 1961.


Attorney(s) appearing for the Case

Thomas I. Brennan for appellant.

Harry E. Kreindler of counsel (Paul S. Edelman with him on the brief; Holtzman & Ross, attorneys), for respondents.

McNALLY and EAGER, JJ., concur with STEUER, J.; BREITEL, J. P., dissents and votes to affirm in opinion in which STEVENS, J., concurs.


STEUER, J.

The infant plaintiff, a child two and a half years of age, has recovered a verdict for $12,000 against the defendant. It appears that the plaintiff was taken by her mother into the lobby of defendant's theatre, and while the mother was looking at the display of pictures in the lobby the plaintiff wandered off and was next seen by her mother immediately in front of a radiator cover which was falling...

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