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JOKELSON v. ALLIED STORES

31 A.D.2d 200 (1968)

Frank Jokelson, an Infant, by His Guardian ad Litem Samuel Jokelson, et al., Respondents-Appellants, v. Allied Stores Corp., Doing Business as Stern Bros., Appellant, and Otis Elevator Co., Respondent

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

December 17, 1968.

Attorney(s) appearing for the Case

Jacob D. Fuchsberg of counsel (Irving Lemov with him on the brief; Fuchsberg & Fuchsberg, attorneys), for respondents-appellants.

Denis M. Hurley of counsel (John F. Haggerty with him on the brief; Fogarty & Nielsen, attorneys), for appellant.

William F. McNulty of counsel (Hampton & Dietel, attorneys), for respondent.

STEUER, P. J., TILZER and RABIN, JJ., concur with McNALLY, J.; McGIVERN, J., dissents in opinion.

McNALLY, J.

This is an appeal by defendant-appellant, Allied Stores Corp., doing business as Stern Bros., from a judgment entered on a 10-to-2 jury verdict for an infant plaintiff in the sum of $237,500 and in favor of his father in the sum of $35,200.

Plaintiffs' amended complaint alleges the infant plaintiff was injured on December 27, 1961, when he was "caused to be thrown and to fall" on an escalator...

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