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O'ROURKE v. LONG

47 A.D.2d 950 (1975)

Christopher O'Rourke, an Infant, by His Father and Natural Guardian, John J. O'Rourke, et al., Appellants, v. Frank E. Long et al., Defendants, and Long Island Daily Press Publishing Company, Inc., Respondent

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

April 28, 1975

Judgment affirmed, with costs.

No opinion.

Latham and Munder, JJ., dissent and vote to reverse the judgment and grant a new trial, with the following memorandum:

Plaintiff Christopher O'Rourke, a 10-year old, was employed to deliver newspapers published by respondent, Long Island Daily Press Publishing Company, Inc. While delivering respondent's newspapers, he dismounted his bicycle, laid it down, crossed a street and purchased ice cream from a street...

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