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WARMSLEY v. LONG ISLAND BANANA CO., INC.

43 A.D.2d 725 (1973)

Joseph L. Warmsley, an Infant, by His Mother and Natural Guardian, Cheryl Warmsley, et al., Appellants, v. Long Island Banana Co., Inc., Respondent

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

December 17, 1973

No opinion.

Benjamin, J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum, in which Hopkins, Acting P. J., concurs:

In this negligence action the 17-month-old infant plaintiff seeks to recover damages for personal injuries sustained when his right hand was caught in a moving, motorized conveyor belt. The facts, briefly stated, are that the infant plaintiff and his mother,

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