POPKIN v. SHANKER


36 Misc.2d 242 (1962)

Judy Popkin, an Infant, by Her Guardian ad Litem, Jack L. Popkin, et al., Plaintiffs, v. Milton Shanker, Defendant.

Supreme Court, Special Term, Nassau County.

August 24, 1962


Attorney(s) appearing for the Case

Walter F. Doyle for defendant. Rogovin & Scher (Arthur Venitt of counsel), for plaintiffs.


JOSEPH A. SUOZZI, J.

This is a motion to dismiss the complaint for failure to state facts sufficient to state a cause of action (Rules Civ. Prac., rule 106, subd. 4).

The plaintiff is a three and one-half-year-old infant who allegedly sustained personal injury while playing with a lawn mower on the defendant's front lawn in the company of the defendant's child. The negligence charged to the defendant...

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