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PINTO v. MR. SOFTEE OF N. Y., INC.

22 A.D.2d 874 (1964)

Joseph Pinto, an Infant, by His Guardian ad Litem, Hilda J. Pinto, et al., Respondents, v. Mr. Softee of N. Y., Inc., Appellant, et al., Defendant

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

December 17, 1964

Judgment in favor of plaintiffs reversed on the law and the facts and the complaint dismissed, with $50 costs to appellant.

MEMORANDUM BY THE COURT.

The infant plaintiff was injured on July 14, 1959, when he allegedly fell to the street while "hitching" a ride on the back of the appellant's mobile ice-cream truck. There was no proof that the construction of the truck violated any statute or rule of any governmental agency. It was of a type widely used by many...

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