Criscone v. Malatesta

225 A.D. 835 Court N.Y. App. Div. English

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p. 835

Henry Criscone, an Infant, etc., by His Guardian ad Litem, Secondino Criscone, Respondent, v. Frank Malatesta and Another, Appellants.

Judgment and order affirmed, with costs. Van Kirk, P. J., Hinman, Davis and Whitmyer, JJ., concur; Hasbrouck, J., dissents on the ground that there is no proof of freedom from contributory negligence on the part of the child or on the part of the parent.