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LUDWIG v. LOWE

29 A.D.2d 267 (1968)

Roger Ludwig, by His Guardian ad Litem, Susan Kazmierski, Respondent, v. Herman Lowe, Jr., Appellant Susan Kazmierski, as Administratrix of The Estate of Ruth Ludwig, Deceased, Respondent, v. Herman Lowe, Jr., Appellant

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

February 22, 1968.

Attorney(s) appearing for the Case

Bond, Schoeneck & King (James E. Wilber of counsel), for appellant.

Langan, Grossman, Kinney & Dwyer (John P. Kinney of counsel), for respondents.

WILLIAMS, P. J., BASTOW, HENRY and DEL VECCHIO, JJ., concur.

GOLDMAN, J.

Defendant appeals from an order directing a verdict in favor of the plaintiff and from an order setting aside a jury verdict for the plaintiff as inadequate and directing a new trial on the issue of damages only. The infant plaintiff founded his action on common-law negligence and also on a violation of the Labor Law. The court properly dismissed the complaint as to the common-law negligence at the...

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