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Lederman v. Boulevard Sanitarium, Inc.

259 A.D. 909 Court N.Y. App. Div. Decision date 1940-05-14 English

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p. 909
Gerald Lederman, an Infant, by Irving I. Lederman, His Guardian ad Litem, and Irving I. Lederman, Appellants, v. Boulevard Sanitarium, Inc., Respondent.

Action for damages for personal injuries suffered by the infant plaintiff while a patient in the defendant’s institution. Companion action of the father for expenses. Judgment dismissing the complaint reversed on the law and the facts and a new trial granted, with costs to appellants to abide the event. The evidence presented a jury question as to whether or not the infant was injured through defendant’s negligence while a patient in its institution. Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.