CASTENADA v. RUDERMAN


48 Misc.2d 321 (1965)

Judith Castenada, Also Known as Judith Evans, an Infant, by Her Guardian ad Litem, Elizabeth Evans, Plaintiff, v. Abraham Ruderman, Defendant.

Supreme Court, Trial Term, Kings County.

September 21, 1965


Attorney(s) appearing for the Case

Jerome Seidel for plaintiff. Christensen, Caliendo & Sylvester for defendant.


BENJAMIN BRENNER, J.

This is an action to rescind a release executed on receipt of $750 in behalf of an unrepresented five-year-old infant who had sustained a basal skull fracture.

There is no evidence of fraud or mistake on the part of the defendant's insurance carrier or of the infant's aunt and guardian ad litem. Both doctors who examined the child for the insurance carrier within weeks following...

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