MALAMENT v. LIDSKY


283 A.D. 135 (1953)

Judith Malament, an Infant, by Evelyn Malament, Her Guardian ad Litem, et al., Respondents, v. Julius Lidsky, Appellant and Third-Party Plaintiff. Harry Malament, Third-Party Defendant

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

December 16, 1953.


Attorney(s) appearing for the Case

Emile Z. Berman of counsel (Louis Helfenstein with him on the brief; Frederick Mellor, attorney), for appellant.

Ralph Stout of counsel (Louis H. Levine with him on the brief, attorney), for respondents.

COHN, CALLAHAN and BREITEL, JJ., concur with DORE, J.; PECK, P. J., dissents in part and votes to dismiss the complaint, in opinion.


DORE, J.

Plaintiffs, the wife and two infant children of Harry Malament, an employee, truck driver, of defendant-appellant, Julius Lidsky, owner of the truck in question, have recovered, after trial before the court and a jury, judgments totalling over $50,000 against defendant Lidsky, the employer. Lidsky appeals.

The accident causing the injuries to plaintiffs happened in 1947 in Maryland, when Malament...

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