KLEIN v. HOFFMAN


15 A.D.2d 899 (1962)

Elizabeth J. Klein, an Infant, by Jack H. Klein, Her Guardian ad Litem, et al., Respondents, v. Anna F. Hoffman, Doing Business as Hoffman School, Appellant

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

March 20, 1962


Judgment for plaintiff, unanimously reversed on the law and on the facts and judgment directed for defendant dismissing the complaint, without costs.

The infant plaintiff, five years and four months old, was injured July 9, 1956 while attending defendant's Summer day camp. There was no proof on the trial of the event which caused the infant plaintiff's injury. No one seems to have seen it. Nor was there any direct proof on the trial by any witness who saw the contemporaneous...

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