BADIGIAN v. BADIGIAN


9 N.Y.2d 472 (1961)

Rose Badigian, Individually and as Guardian ad Litem of Gregory R. Badigian, Appellant, v. George Badigian, Respondent.

Court of Appeals of the State of New York.

Decided April 27, 1961.


Attorney(s) appearing for the Case

William McKelvey for appellant.

James J. McLoughlin and Anthony J. De Cicco for respondent.

Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur with Chief Judge DESMOND; Judge FULD dissents in a separate opinion.


Chief Judge DESMOND.

This is a negligence action brought by a mother on behalf of her three-year-old child against the father for negligently causing personal injuries to the child. The father, it is alleged, left the family car unlocked in a parking lot and the child released the brakes and was hurt when he tried to jump from the vehicle. There is no charge of misconduct which could be considered wanton or willful...

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