FRANCELLA v. 2465 CROTONA AVE. CORP.


44 A.D.2d 660 (1974)

Robert Francella, an Infant, by His Mother and Natural Guardian, Marie Francella, Respondent, v. 2465 Crotona Ave. Corp., Appellant; Vincent Dederio, an Infant, et al., Defendants

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

April 9, 1974


Though cast in the form of a negligence action, the essential burden of the complaint is that the infant son of appellant's superintendent was also a corporate employee at the time he assaulted the infant plaintiff. On the record before us, we find insufficient evidence adduced to sustain such contention. The occasional and gratuitous services performed by the infant defendant for his mother in connection with the performance of her duties as superintendent do not support...

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