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New York Court of Appeals, 1966

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

Goldstein ex rel. Goldstein v. Board of Education of Union Free School District No. 23
New York Court of Appeals · Decided December 30, 1966 · Bergan, Burke, Desmond, Fulo, Invitee, Jury, Keating, Negligence, Plaintiff, Properly, Questions, Scileppi, Status, Suprina, Upon, Voorhis, Vote
18 N.Y.2d 991; 224 N.E.2d 729; 278 N.Y.S.2d 224; 1966 N.Y. LEXIS 911

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

Opinion of the Court

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.

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