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RHABB v. NYC HOUS. AUTH.

41 N.Y.2d 200 (1976)

Hampton Rhabb, an Infant, by His Mother and Natural Guardian, Edna Rhabb, et al., Appellants, v. New York City Housing Authority, Respondent.

Court of Appeals of the State of New York.

Decided December 22, 1976.

Attorney(s) appearing for the Case

Steven Di Joseph, Charles F. McGuire and Thomas R. Newman, New York City, for appellants.

Raymond J. MacDonnell, Philip Hoffer, Rose L. Hoffer, Peter T. Affatato and Adolph B. Salib, New York City, for respondent.

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

COOKE, J.

As the result of a 1973 playground incident, Hampton Rhabb, the infant plaintiff, allegedly sustained a fractured patella requiring open reduction and resulting in permanent disability. In a suit brought on his behalf and by his mother, at the conclusion of their proof upon a trial to determine liability, the complaint was dismissed. The Appellate Division, one Justice dissenting, affirmed.

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