DEAN v. BAUMANN


39 A.D.2d 138 (1972)

Gary Dean, an Infant, by Kermit L. Dean, His Parent, et al., Respondents, v. Constance L. Baumann et al., Appellants

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

May 25, 1972.


Attorney(s) appearing for the Case

Thaler & Thaler (Richard B. Thaler of counsel), for appellants.

Mazza, Williamson & Clune (Robert I. Williamson and Robert J. Clune of counsel), for respondents.

HERLIHY, P. J., STALEY, JR., and GREENBLOTT, JJ., concur with SWEENEY, J.; SIMONS, J., dissents and votes to reverse in a memorandum.


SWEENEY, J.

This is an appeal from a judgment of the Supreme Court in favor of plaintiffs, entered May 18, 1970 in Tompkins County, upon a verdict rendered at a Trial Term and from an order of that court, entered August 3, 1970, which denied defendants' motion to set aside the verdict.

On September 9, 1963 the plaintiff, Gary Dean, age 16, sustained injuries when he was hit by an automobile being operated...

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