SMEDLEY v. PIAZZOLLA


59 A.D.2d 940 (1977)

Joan Smedley, as Guardian Ad Litem of Anthony Piazzolla, an Infant, Plaintiff, v. Salvatore Piazzolla et al., Defendants. (Action No. 1.) Joan Smedley, as Guardian Ad Litem of Anthony Piazzolla, an Infant, Appellant, v. John Piazzolla, Respondent. (Action No. 2.)

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

November 28, 1977


Order affirmed, with $50 costs and disbursements.

It is now the generally accepted rule that whenever a child, whether as plaintiff or as defendant, engages in an activity which is normally one for adults, such as driving an automobile or flying an airplane, the public interest and safety require that any consequences due to his incapacity shall fall upon him rather than the innocent victim, and that he must be held to the adult standard without any allowance for...

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