GONZALEZ v. MACKLER


19 A.D.2d 229 (1963)

Julio Gonzalez, an Infant, by His Guardian ad Litem, Petra Benjamin, et al., Appellants, v. Michael M. Mackler et al., Respondents

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

July 9, 1963.


Attorney(s) appearing for the Case

Julian C. Tepper of counsel (Abraham Salm, attorney), for appellants.

George H. P. Dwight of counsel (Seymour B. Quel with him on the brief; Leo A. Larkin, Corporation Counsel, attorney), for respondents.

EAGER and BASTOW, JJ., concur with McNALLY, J.; RABIN, J., concurs in result; BREITEL, J. P., dissents in opinion.


McNALLY, J.

In an action for personal injuries the infant plaintiff has been nonsuited presenting the question whether in any aspect the liability of the defendants involves issues of fact.

On April 20, 1959 plaintiff, about 15 years of age, a pupil and innocent bystander, was struck by a rubber-tipped wooden pointer thrown by a second pupil and intended for a third pupil and sustained extensive and permanent...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases