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GREAVES v. BRONX Y.M.C.A.

87 A.D.2d 394 (1982)

Richard Greaves, an Infant, by His Mother and Natural Guardian, Adrienne Greaves, et al., Respondents, v. Bronx Y.M.C.A., Appellant

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

June 24, 1982

Attorney(s) appearing for the Case

Harvey J. Lippman of counsel (Norman S. Goldsmith and Shari B. Rubin with him on the brief; Jones, Hirsch & Bull, attorneys), for appellant.

Philip Hoffer of counsel (Rose Hoffer, Frank J. Giordano and Harold Weisman with him on the brief; Frank J. Giordano, P. C., attorney), for respondents.

FEIN and ASCH, JJ., concur in the opinion of SANDLER, J.; SANDLER and ASCH, JJ., concur in the opinion of FEIN, J., both of which constitute the opinions of the court; MURPHY, P. J., and BLOOM, J., dissent in an opinion by BLOOM, J.

SANDLER, J.

Defendant appeals from a judgment for the infant plaintiff after a jury trial in an action for damages sustained when the plaintiff, then nine years old, was a camper at defendant's camp. The jury, evaluating the damages as $250,000, found the defendant to be 60% negligent and the plaintiff 40% negligent. Following the trial court's determination that the damages awarded were excessive, plaintiff consented to a reduction to $150,000, resulting...

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