GENUD v. TAUBER


67 Misc.2d 682 (1971)

Joseph Genud, an Infant, et al., Plaintiffs, v. Joseph Tauber, Defendant.

Supreme Court, Special Term, Kings County.

October 4, 1971


Attorney(s) appearing for the Case

Zane & Zane for plaintiffs. Wolfman & Stranger for defendant.


J. COURTNEY McGROARTY, J.

In a negligence action, the plaintiffs move for summary judgment on the issue of liability on the ground that no triable issue of facts exists, and setting the matter down for the assessment of damages.

The opposition, although vigorous, is limited in scope, i.e., that the contributory negligence of the infant must be determined at a trial.

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