NEUMANN v. SHLANSKY


58 Misc.2d 128 (1968)

Milton J. Neumann, Plaintiff, v. Irwin I. Shlansky et al., Defendants.

County Court, Westchester County.

October 24, 1968


Attorney(s) appearing for the Case

Julius Diamond for defendant. Monroe Yale Mann for plaintiff.


JOHN C. MARBACH, J.

Defendant moves to set aside the verdict and for a new trial on the ground that the verdict was contrary to the law of the case since the charge given by me, as Trial Judge, was erroneous as a matter of law.

The question presented here is, as far as can be determined, a case of first impression not only in this State but also in the Nation. The issue is the standard of care which must be exercised by an 11-year-old infant defendant...

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