O'CONNOR v. G & R PACKING


74 A.D.2d 37 (1980)

Anthony O'Connor et al., Appellants, v. G & R Packing Co., Respondent

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

April 7, 1980


Attorney(s) appearing for the Case

Lipsig, Sullivan, Mollen & Liapakis, P. C. (Emilio Nunez, Scott Mollen and Pamela Anagnos Liapakis of counsel), for appellants.

Griffin, Scully & Savona (John F. Scully, Joseph F. X. Savona and William G. Kelly of counsel), for respondent.

HOPKINS, J. P., and TITONE, J., concur with O'CONNOR, J.; LAZER, J., dissents and votes to affirm the order, with an opinion.


O'CONNOR, J.

In 1967 Anthony O'Connor (hereafter plaintiff) sustained grave injuries while playing atop a freight car parked in a Brooklyn railroad yard. After the dismissal of the complaints in consolidated negligence actions against several railroad companies and other defendants to recover damages for those injuries, plaintiff and his father, John O'Connor, commenced the instant suit. They sought to recover...

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