Goldstein ex rel. Goldstein v. Board of Education of Union Free School District No. 23

18 N.Y.2d 991 Court N.Y. Decision date 1966-12-30 English

Judges Concur: Judges Fulo, Yaw Voorhis, Burke, Scileppi and Bergan. Chief Judge Desmond and Judge Keating dissent and vote to reverse and to grant a new trial upon the ground that there were questions of fact properly submitted to the jury as to infant plaintiff’s status as an invitee and his freedom from contributory negligence and as to defendant Suprina’s negligence.

Majority

p. 991

Howard A. Goldstein, by Sidney Goldstein, His Guardian ad Litem, et al., Appellants, v. Board of Education of Union Free School District No. 23, Town of Hempstead, Defendant, and Suprina’s Sportland, Inc., Respondent.

Argued November 22, 1966;

decided December 30, 1966.

p. 993

Alfred W. Gans and Charles F. Krause for appellants.

John M. Downing for respondent.

Order affirmed, without costs; no opinion.

Concur: Judges Fulo, Yaw Voorhis, Burke, Scileppi and Bergan. Chief Judge Desmond and Judge Keating dissent and vote to reverse and to grant a new trial upon the ground that there were questions of fact properly submitted to the jury as to infant plaintiff’s status as an invitee and his freedom from contributory negligence and as to defendant Suprina’s negligence.