LEVINE v. CITY OF NEW YORK


283 A.D. 620 (1954)

Sandra Levine, an Infant, by Morris Levine, Her Guardian ad Litem, et al., Respondents, v. City of New York, Appellant

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

April 20, 1954.


Attorney(s) appearing for the Case

Seymour B. Quel of counsel (Fred Iscol with him on the brief; Denis M. Hurley, Corporation Counsel, attorney), for appellant.

Andrew C. Mayer of counsel (George L. Genung and Sol Pottish with him on the brief; Genung, Ettinger, Pottish & Moroney, attorneys), for respondents.

DORE, J. P., CALLAHAN and BREITEL, JJ., concur; BASTOW and BOTEIN, JJ., dissent and vote to affirm.


Per Curiam.

At the time of the accident in question, the infant plaintiff then, as she testified, "about twelve, thirteen — eleven" years of age, was not walking on the connecting stone steps that formed part of the public thoroughfare nor was she walking on any part of the thoroughfare. She was playing a game with other children called "follow-the-leader" and at the moment of the accident she was the "leader...

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