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WEINGARTEN v. LANDESMAN

137 A.D.2d 520 (1988)

Ezriel Weingarten, an Infant, by His Mother and Natural Guardian, Rachel Weingarten, et al., Appellants, v. Leib Landesman, Respondent

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

February 1, 1988

Ordered that the judgment and order are affirmed, with one bill of costs.

While the instructions to the jury concerning the standard of conduct to be applied to this infant plaintiff were erroneous (Dimino v Burriesci, 125 A.D.2d 361), the claim of error has not been preserved for appellate review. In any event, the instructions do not require reversal, since the jury found the defendant free from any negligence and did not...

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