ZALAK v. CARROLL


15 N.Y.2d 753 (1965)

Elizabeth Zalak, Individually and as Guardian ad Litem for Lorraine Zalak, an Infant, Appellant, v. George Carroll et al., Respondents.

Court of Appeals of the State of New York.

Decided January 14, 1965.


Attorney(s) appearing for the Case

Henry J. Wheller for appellant.

Edwin Miller for respondents.

Chief Judge DESMOND and Judges DYE, FULD, BURKE and BERGAN concur in MEMORANDUM; Judges VAN VOORHIS and SCILEPPI dissent and vote to affirm.


MEMORANDUM:

Defendants had undertaken to care for the four-year-old plaintiff during periods in which her mother worked. Although when the arrangement for the daily care of the child began defendants were compensated by the mother, no payments were being made at the time of infant plaintiff's injury because of a prior reduction in the mother's earnings. Even without compensation, when defendants undertook to control a young...

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