BLACKWOOD v. FARLEY


40 Misc.2d 289 (1963)

Robert C. Blackwood et al., Plaintiffs, v. James A. Farley III, by His Guardian ad Litem, James A. Farley II, et al., Defendants. James A. Farley III, an Infant, by His Guardian ad Litem, James A. Farley, Jr., Third-Party Plaintiff, v. American Employers' Insurance Company, Boston, Mass., Third-Party Defendant.

Supreme Court, Westchester County.

August 29, 1963


Attorney(s) appearing for the Case

Kennedy, Roseman & Gardner for third-party plaintiff. Hampton & Balletta for third-party defendant. Reeback & Bamonte for John Powers, defendant. Weintraub & Fass for plaintiffs.


FRANK S. McCULLOUGH, J.

Plaintiffs move for summary judgment to recover the sum of $8,450.37, claimed as the amount of damage inflicted on the contents of their home by the infant defendants during their unauthorized entry upon plaintiffs' premises on June 3, 1961. The complaint contains two causes of action; one for trespass, the other for intentional or willful damage to property. Both actions are intentional torts as distinguished from negligent or...

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