Gentile v. Cusano

Appellate Division of the Supreme Court of New York

Gentile v. Cusano

19 A.D.2d 851, 245 N.Y.S.2d 342, 1963 N.Y. App. Div. LEXIS 3098

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 24, 1963

StatusPublished

This text of 19 A.D.2d 851 (Gentile v. Cusano) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gentile v. Cusano, 19 A.D.2d 851, 245 N.Y.S.2d 342, 1963 N.Y. App. Div. LEXIS 3098 (N.Y. Ct. App. 1963).

Pincite

Opinion

Order unanimously affirmed, without costs of this appeal to either party. Memorandum: In affirming we do not embrace the statement contained in the opinion of the Special Term Justice that the infant plaintiff was an invitee as a matter of law. (Appeal from an order of Onondaga Motion Term granting plaintiff’s motion to strike the answer of the defendant and granting judgment under rule 113 of the Rules of Civil Practice and directing an assessment of damages therein.) Present — - Williams, P. J., Bastow, Goldman and Henry, JJ.

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Order unanimously affirmed, without costs of this appeal to either party. Memorandum: In affirming we do not embrace the statement contained in the opinion of the Special Term Justice that the infant plaintiff was an invitee as a matter of law. (Appeal from an order of Onondaga Motion Term granting plaintiff’s motion to strike the answer of the defendant and granting judgment under rule 113 of the Rules of Civil Practice and directing an assessment of damages therein.) Present — - Williams, P. J., Bastow, Goldman and Henry, JJ.

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Bluebook (online)

19 A.D.2d 851, 245 N.Y.S.2d 342, 1963 N.Y. App. Div. LEXIS 3098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gentile-v-cusano-nyappdiv-1963.