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RIVERA v. CITY OF NEW YORK

25 A.D.2d 297 (1966)

Miguel R. Rivera, an Infant, by His Guardian ad Litem, Elena R. Solarez, et al., Respondents, v. City of New York, Defendant, and New York City Housing Authority et al., Respondents; Ivy Kenneth Blecher et al., Appellants

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

April 21, 1966.

Attorney(s) appearing for the Case

Aaron J. Broder of counsel, in person, for Ivy Kenneth Blecher and others, appellants.

RABIN, McNALLY and STEUER, JJ., concur in Per Curiam opinion; BREITEL, J. P., dissents in opinion, in which WITMER, J., concurs.

Per Curiam.

The order appealed from should be affirmed.

As the dissent indicates, this infant's action was characterized by very severe injuries but liability so doubtful that it was practically nonexistent. Experience shows that settlement of such a claim is prompted somewhat by the charity of the defendant's representatives but mostly by the fear of what the sympathy of the jurors will prompt them to find...

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