Goldstein ex rel. Goldstein v. Board of Education of Union Free School District No. 23

224 N.E.2d 729, 18 N.Y.2d 991, 278 N.Y.S.2d 224, 1966 N.Y. LEXIS 911

Opinion

Order affirmed, without costs; no opinion.

Concur: Judges Fulo, Yaw Voorhis, Burke, Scileppi and Bergan. Chief Judge Desmond and Judge Keating dissent and vote to reverse and to grant a new trial upon the ground that there were questions of fact properly submitted to the jury as to infant plaintiff’s status as an invitee and his freedom from contributory negligence and as to defendant Suprina’s negligence.