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COHLAN v. DI BUONO

16 A.D.2d 652 (1962)

Robert Cohlan, an Infant, by His Guardian ad Litem, Howard L. Cohlan, et al., Respondents, v. Frank J. Di Buono, Appellant

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

April 2, 1962

Judgment, insofar as appealed from, affirmed, with costs; appeal from order dismissed as academic; and action severed as to the infant plaintiff.

A review of the undisputed evidence as to the nature and extent of the infant's injuries affords no reason for disturbing the conclusion reached by the trial court in the exercise of its discretionary powers. Since the verdict has been set aside and a new trial directed as to the infant

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