Mandel v. Brith Trumpeldor of America, Inc.

Appellate Division of the Supreme Court of New York

Mandel v. Brith Trumpeldor of America, Inc.

41 A.D.2d 819, 342 N.Y.S.2d 380, 1973 N.Y. App. Div. LEXIS 4768

Appellate Division of the Supreme Court of the State of New York·Decided April 12, 1973·Published·Cited by 1 cases

Opinion

Judgment of dismissal at the end of plaintiff-appellant’s case, Supreme Court, New York County, entered on or about May 7, 1971, unanimously reversed, on the law, and vacated, and a new trial directed, with $60 costs and disbursements to abide the event. This case involves injury to an infant at a summer camp, sustained as the result of a jump from a height during his negotiation of an obstacle course while under the supervision of a counselor employed by defendant-respondent. Whether this was a dangerous activity imposed on an untrained youngster by order of the counselor, and whether the child was contributorially negligent in closing his eyes before jumping were issues to be decided by the jury. A [820] prima facie case was presented. (See Brooks v. Board of Educ. of City of N. T., 15 A D 2d 495, affd. 12 N Y 2d 971.) Concur— Stevens, P. J., Markewich, Kupferman, Murphy and Capozzoli, JJ.

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Judgment of dismissal at the end of plaintiff-appellant’s case, Supreme Court, New York County, entered on or about May 7, 1971, unanimously reversed, on the law, and vacated, and a new trial directed, with $60 costs and disbursements to abide the event. This case involves injury to an infant at a summer camp, sustained as the result of a jump from a height during his negotiation of an obstacle course while under the supervision of a counselor employed by defendant-respondent. Whether this was a dangerous activity imposed on an untrained youngster by order of the counselor, and whether the child was contributorially negligent in closing his eyes before jumping were issues to be decided by the jury. A [820] prima facie case was presented. (See Brooks v. Board of Educ. of City of N. T., 15 A D 2d 495, affd. 12 N Y 2d 971.) Concur— Stevens, P. J., Markewich, Kupferman, Murphy and Capozzoli, JJ.

Mandel v. Brith Trumpeldor of America, Inc., 41 A.D.2d 819, 342 N.Y.S.2d 380, 1973 N.Y. App. Div. LEXIS 4768 (N.Y. Ct. App. 1973).

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41 A.D.2d 819 (Mandel v. Brith Trumpeldor of America, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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