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ARNOLD v. SCHMEISER

34 A.D.2d 568 (1970)

Miriam K. Arnold et al., Appellants, v. Arthur Schmeiser, an Infant, by Louise Schmeiser, His Natural Guardian, et al., Respondents

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

March 30, 1970

Judgment reversed, on the law, and new trial granted, without costs.

The questions of fact have not been considered. Since the complaint was dismissed before the case was submitted to the jury, this court must consider the facts and inferences therefrom in the light most favorable to plaintiffs. The infant plaintiff, a boy nine years old at the time of the accident, contends that defendants, who were a few years older than...

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