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KLINE v. LONG ISLAND R.R. CO.

17 A.D.2d 988 (1962)

William Kline, an Infant, by His Guardian ad Litem, Anna S. Kline, et al., Appellants, v. Long Island Railroad Company, Respondent

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

November 26, 1962

Judgment affirmed, without costs (Gleason v. Central New England Ry. Co., 261 N.Y. 333; Zambardi v. South Brooklyn Ry. Co., 281 N.Y. 516; 2 Restatement, Torts, § 336, pp. 914-915).

Hopkins, J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum:

In my opinion, dismissal of the complaint on the opening statement of counsel was premature. On a motion to dismiss the complaint upon...

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