Appellate Division of the Supreme Court of New York, 1917

Gangi v. Fradus

Appellate Division of the Supreme Court of New York · Decided December 31, 1917 · Smith

180 A.D. 871; 168 N.Y.S. 286; 1917 N.Y. App. Div. LEXIS 9110

Counsel

Walter L. Glenney of counsel [Bertrand L. Pettigrew, attorney], for the appellant., Thomas J. O’ Neill of counsel [Leonard F. Fish with him on the brief], for the respondent.

Opinion of the Court

Smith, J.:

The judgment and order should be reversed and a new trial ordered, with costs to appellant to abide the event, on opinion in Gangi v. Fradus (180 App. Div. 869), handed down herewith. The finding that plaintiff’s son was free from contributory negligence is reversed.

Clarke, P. J., and Shearn, J., concurred; Scott and Page, JJ., dissented.

Judgment and order reversed, new trial ordered, costs to appellant to abide event.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.