USS v. TOWN OF OYSTER BAY


37 N.Y.2d 639 (1975)

Warren Uss, an Infant, by John P. Uss, His Father and Natural Guardian, et al., Appellants, v. Town of Oyster Bay et al., Respondents. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided October 30, 1975.


Attorney(s) appearing for the Case

Stanley F. Meltzer for appellants.

Morris Zweibel and Emmet J. Agoglia for respondents.

Judges JASEN, GABRIELLI, WACHTLER and FUCHSBERG concur with JUDGE JONES; Judge COOKE dissents and votes to reverse in a separate opinion in which Chief Judge BREITEL concurs.


JONES, J.

We are asked to set aside a jury verdict for defendants on the ground that the trial court erroneously permitted defense counsel to conduct an in-court demonstration employing a physical exhibit introduced by plaintiffs and a model introduced by defendants.

While walking home from a high school double date, infant plaintiff was injured when a dual street sign at an intersection fell on his head...

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