DASHINSKY v. SANTJER


32 A.D.2d 382 (1969)

Alexander Dashinsky, an Infant, by Mary L. Urgo, His Guardian ad Litem, Appellant, v. Guenter T. Santjer, Defendant, and Long Island Daily Press Publishing Company, Inc., Respondent

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

July 7, 1969.


Attorney(s) appearing for the Case

Nixon Mudge Rose Guthrie Alexander & Mitchell (Donald J. Zoeller of counsel), for appellant.

Albert P. Thill for respondent.

CHRIST, Acting P. J., HOPKINS, MUNDER and KLEINFELD, JJ., concur.


BRENNAN, J.

In this action to recover damages for personal injuries sustained by the plaintiff when he was 13 years old, he appeals from a judgment of dismissal upon the trial court's decision at the end of a jury trial. Accordingly, we must take the facts most favorable to him and, in determining whether they constitute a cause of action, give him the benefit of every...

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