ZWEBEN v. CORAL REEF BEACH CLUB, INC.


19 N.Y.2d 799 (1967)

Rosalie Zweben, an Infant, by Her Guardian ad Litem, Joseph Zweben, et al., Respondents, v. Coral Reef Beach Club, Inc., Appellant; Jeffrey Rich, an Infant, by His Natural Guardian, Hilda Rich, Appellant-Respondent, et al., Defendants. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided April 11, 1967.


Attorney(s) appearing for the Case

Herbert Kramer and Bernard Helfenstein for appellants.

William F. McNulty for appellant-respondent.

Richard E. Shandell and Jesse Y. Schwartz for respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and BREITEL concur in memorandum. Judges VAN VOORHIS and KEATING dissent in part and vote to reverse and to grant a new trial to appellant Jeffrey Rich in a memorandum by Judge VAN VOORHIS in which Judge KEATING concurs.


MEMORANDUM.

The order and judgment should be affirmed, with costs. While the hearsay declaration by the mother of defendant Jeffrey Rich was inadmissible, in view of the strong evidence in this case against that defendant there was no prejudicial error. From the whole record, it is evident that the jury's finding of liability on the part of Rich was supportable, on any view, by evidence of his carelessness in playing where...

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