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NEUMANN v. SHLANSKY

63 Misc.2d 587 (1970)

Milton J. Neumann, Respondent, v. Irwin I. Shlansky, Defendant, and Jay Shlansky, Appellant.

Supreme Court, Appellate Term, Second Department.

April 8, 1970

Attorney(s) appearing for the Case

Julius Diamond and Elliot Berman for appellant. Monroe Y. Mann for respondent.

PITTONI and McCULLOUGH, JJ., concur in Per Curiam opinion; GULOTTA, P. J., dissents in opinion.

Per Curiam.

In short, when an infant participates with adults in a sport ordinarily played by adults, on a course or field ordinarily used by adults for that sport, and commits a primary tortious act, he should be held to the same standard of care as the adult participants (see Dellwo v. Pearson, 259 Minn. 452; Ewing v. Biddle, 216 N.E.2d 863 [Ind.]; Restatement, Torts 2d...

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