Appellate Division of the Supreme Court of New York, 1945

Greenberg v. Cooperman

Greenberg v. Cooperman
Appellate Division of the Supreme Court of New York · Decided February 19, 1945
269 A.D. 670; 53 N.Y.S.2d 208; 1945 N.Y. App. Div. LEXIS 3187
Greenberg v. Cooperman

Opinion of the Court

Action by an infant, less than two years old, to recover damages for personal injuries sustained by him, and by his father for expenses and loss of services. The infant was injured when his right hand came in contact with a piece of jagged glass which was protruding from a broken showcase which defendant had temporarily placed upon the sidewalk in front of his premises. The court dismissed the complaint on the merits at the close of plaintiffs’ case. Judgment reversed on the law and a new trial granted, with costs to appellants to abide the event. In our opinion plaintiffs established a prima facie case. Close, P. J., Hagarty, Johnston, Adel and Lewis, JJ., concur.

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