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Betancourt v. Wilson

4 N.Y.2d 808 Court N.Y. Decision date 1958-03-27 English

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p. 808
Donald Betancourt, an Infant, by Michael Betancourt, His Guardian ad Litem, et al., Appellants, v. Harry Wilson, Respondent.
Argued February 24, 1958;
decided March 27, 1958.
p. 809
Benjamin E. Siff and Julian A. Hertz for appellants.
William F. McNulty and Frederick Mellor for respondent.

Judgment reversed and a new trial granted as to each plaintiff, with costs to abide the event, upon the ground that this record presented questions of fact for a jury as to negligence and contributory negligence. No opinion.

Concur: Chief Judge Conway and Judges Desmond, Dye, Fuld and Froessel. Judges Van Voobhis and Burke dissent and vote to affirm upon the Per Curiam opinion in the Appellate Division.