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LEVY v. TN. & COUNTRY DAY CAMP

68 Misc.2d 877 (1970)

Jack Levy, Individually and as Father and Natural Guardian of Robert Levy, an Infant, Appellant-Respondent, v. Town & Country Summer Day Camp, Inc., Respondent-Appellant.

Supreme Court, Appellate Term, First Department.

Entered December 1, 1970.

Attorney(s) appearing for the Case

Leonard Stern for appellant-respondent. Katz & Gantman (Sidney Advocate of counsel), for respondent-appellant.

STREIT and MARKOWITZ, JJ., concur in Per Curiam opinion; QUINN, J., dissents in memorandum.

Per Curiam.

The issues of negligence and contributory negligence were properly submitted to the jury (Decker v. Dundee Cent. School Dist., 4 N.Y.2d 462; Collentine v. City of New York, 279 N.Y. 119, 124-125; Camardo v. New York State Rys., 247 N.Y. 111, 115-116; Domino v. Mercurio, 17 A.D.2d 342; Germond v. Board of Educ., Dist. No. 1,

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