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SOTO v. CITY OF NEW YORK

9 N.Y.2d 683 (1961)

Ramon Soto, an Infant, by Gertrude Soto, His Guardian ad Litem, Appellant, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided January 20, 1961.

Attorney(s) appearing for the Case

Charles S. Phillips for appellant.

Charles H. Tenney, Corporation Counsel (Victor J. Herwitz and Benjamin R. Kaplan of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FROESSEL and FOSTER. Judge VAN VOORHIS dissents in an opinion in which Judges FULD and BURKE concur:

Judgment reversed and a new trial granted, with costs to abide the event, upon the ground that the allegations of the complaint, the bill of particulars, and the opening statement of plaintiff's counsel, if established by credible proof, would make out a prima facie case sufficient for submission to the jury. (Bowers v. City Bank Farmers Trust Co., 282 N.Y. 442, 446; Collentine v. City of New York, 279 N.Y. 119, 124.)

VAN VOORHIS, J. (dissenting...

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