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  5. 19 N.Y.2d 788 (1967)
 

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

19 N.Y.2d 788 (1967)

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

Court of Appeals of the State of New York.

Decided April 6, 1967.

Attorney(s) appearing for the Case

Herman B. Glaser and Benjamin H. Siff for appellants.

David S. Konheim for respondent.

Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Judges KEATING and BREITEL dissent and vote to reverse and to grant a new trial upon the dissenting opinion at the Appellate Division.

Order affirmed, without costs...

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