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O'ROURKE v. LONG

41 N.Y.2d 219 (1976)

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.

Court of Appeals of the State of New York.

Decided December 28, 1976.

Attorney(s) appearing for the Case

Norman H. Dachs, Mineola, for appellants.

A. Paul Goldblum, Forest Hills, for respondent.

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

JASEN, J.

This personal injury action arises out of an accident which occurred on June 25, 1970. The infant plaintiff, Christopher O'Rourke who was then 10 years old, had been illegally* engaged in delivering the Long Island Press newspaper on the afternoon of that day. He had left his home by bicycle and rode along the local streets, carrying newspapers in the rear basket...

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