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STANTON v. TAMI AMI REALTY CO., INC.

284 A.D. 943 (1954)

Patrick E. Stanton, an Infant, by Beatrice Stanton, His Guardian ad Litem, et al., Respondents, v. Tami Ami Realty Company, Inc., et al., Appellants

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

November 9, 1954.

Judgment affirmed, with costs.

No opinion.

Breitel, J., dissents and votes to reverse and dismiss the complaint in the following memorandum:

Infant plaintiff was guilty of contributory negligence and his testimony was incredible as a matter of law when he stated that he looked and saw what was not there. Moreover, infant plaintiff was, as to the elevator and its appurtenances, a trespasser who, under the circumstances, was obligated to...

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