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  5. 26 A.D.2d 336 (1966)
 

STANLEY v. SURFACE TR.

26 A.D.2d 336 (1966)

Bennie Stanley, as Guardian ad Litem for Bennie Stanley, Jr., an Infant, et al., Respondents, v. Surface Transit, Inc., Appellant

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

November 3, 1966.

Attorney(s) appearing for the Case

William H. Frappollo of counsel (John F. Lang, attorney), for appellant.

Jacob D. Fuchsberg of counsel (Stanley N. Yankelevitz with him on the brief; Fuchsberg & Fuchsberg, attorneys), for respondents.

BREITEL, J. P., STEVENS and CAPOZZOLI, JJ., concur in Per Curiam opinion; McNALLY, J., dissents in opinion.

Per Curiam.

This is an action brought to recover damages for serious and severe injuries sustained by the infant plaintiff on May 20, 1958, as a result of an accident involving a bus owned by defendant and then operated by one of its employees.

The infant plaintiff, age 10 years 8 months at the time of the accident, testified he was running away from a group of boys, when half-way across the street he heard...

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