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MEVORAH v. GARYN

35 N.Y.2d 934 (1974)

Stuart Mevorah, an Infant, by His Father and Natural Guardian, Sol Mevorah, et al., Appellants, v. Steve Garyn et al., Respondents.

Court of Appeals of the State of New York.

Decided December 20, 1974.

Attorney(s) appearing for the Case

W. Harvey Mayer for appellants.

Sherwin Rear and Bernard Helfenstein for respondents.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and STEVENS. Judge WACHTLER concurs in result in the following opinion. Taking no part: Judge RABIN.

Order reversed, with costs in all courts, and the interlocutory judgment of Supreme Court, Nassau County, reinstated on the dissenting memorandum by Mr. Justice HENRY J. LATHAM at the Appellate Division.

WACHTLER, J. (concurring).

I concur in reversal but not for the reasons adopted by the majority. In my view every defendant, including a property owner, should be held to the standard of reasonable conduct...

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