TURANO v. CITY OF NEW YORK


17 A.D.2d 191 (1962)

Joseph Turano, Jr., an Infant, by Joseph Turano, His Guardian ad Litem, et al., Appellants, v. City of New York, Respondent

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

November 8, 1962.


Attorney(s) appearing for the Case

Max Toberoff for appellants.

John A. Murray of counsel (Seymour B. Quel with him on the brief; Leo A. Larkin, Corporation Counsel, attorney), for respondent.

VALENTE, McNALLY, STEVENS and STEUER, JJ., concur.


RABIN, J.

The plaintiff appeals from a judgment entered April 30, 1962 dismissing the complaint at the end of the entire case on the ground that the plaintiff failed to prove actionable negligence. The defendant rested without offering proof.

On November 4, 1958, the date of the accident, the plaintiff, who was seven years of age, together with several companions went to a public playground to play stickball...

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