Caparco v. City of New York

Appellate Division of the Supreme Court of New York

Caparco v. City of New York

18 A.D.2d 687, 236 N.Y.S.2d 20, 1962 N.Y. App. Div. LEXIS 6349

Appellate Division of the Supreme Court of the State of New York·Decided December 17, 1962·Published·Cited by 1 cases

Opinion

In a negligence action to recover damages for personal injury, medical expenses and loss of services, resulting from the infant plaintiff’s fall from a fence in a public playground which he attempted to climb, the plaintiffs appeal from a judgment of the Supreme Court, Kings County, entered December 7, 1961 after a jury trial, which dismissed the complaint at the end of plaintiffs’ case. Judgment reversed on the law, and a new trial granted, with costs to plaintiffs to abide the event. In our opinion, plaintiffs made out a prima facie case. It was error therefore to dismiss the complaint as a matter of law. Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

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In a negligence action to recover damages for personal injury, medical expenses and loss of services, resulting from the infant plaintiff’s fall from a fence in a public playground which he attempted to climb, the plaintiffs appeal from a judgment of the Supreme Court, Kings County, entered December 7, 1961 after a jury trial, which dismissed the complaint at the end of plaintiffs’ case. Judgment reversed on the law, and a new trial granted, with costs to plaintiffs to abide the event. In our opinion, plaintiffs made out a prima facie case. It was error therefore to dismiss the complaint as a matter of law. Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

Caparco v. City of New York, 18 A.D.2d 687, 236 N.Y.S.2d 20, 1962 N.Y. App. Div. LEXIS 6349 (N.Y. Ct. App. 1962).

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18 A.D.2d 687 (Caparco v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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