Appellate Division of the Supreme Court of New York, 1927

Scotto v. Goldman

Scotto v. Goldman
Appellate Division of the Supreme Court of New York · Decided January 15, 1927
219 A.D. 748
Scotto v. Goldman

Opinion of the Court

Judgment reversed upon the law, and new trial granted, costs to.abide the event. Irrespective of the statute prohibiting the admission of the minor to defendants’ theatre, there was alleged in the complaint (paragraph ninth) a common-law cause of action for negligence. (Dorff v. Brooklyn Heights R. R. Co., 95 App. Div. 82; German v. Brooklyn Heights R. R. Co., 107 id. 354.) We, therefore, think it was error to dismiss the complaint upon the opening of counsel. Kelly, P. J., Jayeox, Manning, Young and Kapper, JJ., concur.

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