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LUDWIG v. LOWE

25 N.Y.2d 853 (1969)

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

Court of Appeals of the State of New York.

Decided July 1, 1969.

Attorney(s) appearing for the Case

John P. Kinney for appellants.

James E. Wilbur for respondent.

Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL and JASEN. Judge BURKE dissents and votes to reverse in the following opinion.

Orders affirmed, without costs, on the opinion at the Appellate Division.

BURKE, J. (dissenting).

The orders of the Appellate Division should be reversed. Defendant clearly violated former section 146 (subd. 2) of the Labor Law (now covered in Labor Law, § 133, subd. 1, par. e) when he "employed" his 13-year-old half-brother in the construction of his house. That section, by its plain language, provided that "[n]o child under the age of sixteen...

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