REISZEL v. FONTANA


35 A.D.2d 74 (1970)

John E. Reiszel, an Infant, by His Mother and Natural Guardian, Dale V. Reiszel, et al., Appellants, v. Joseph Fontana, Respondent

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

July 20, 1970.


Attorney(s) appearing for the Case

Hahn & Gottlieb (Irwin E. Simenowitz of counsel), for appellants.

Andrew L. Cisternino (Charles F. Brady of counsel), for respondent.

CHRIST, P. J., HOPKINS, BRENNAN and BENJAMIN, JJ., concur.


SAMUEL RABIN, J.

The question presented by the instant appeal is whether the trial court properly charged that the standard of care applicable to the defendant, a 17-year-old licensed driver, was only that standard of care "which a reasonably prudent boy of 17 years of age might have exercised or should have exercised".

On May 3, 1963, at approximately 4:50 P.M., an automobile operated by the defendant struck the infant plaintiff while he was...

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