Opinion
May 15, 1967
Judgment of the Supreme Court, Nassau County, entered November 23, 1966, affirmed, with costs against plaintiff James Dunne. The evidence adduced as to the manner in which the accident occurred was insufficient to establish, prima facie, that defendants were negligent ( cf. Palsgraf v. Long Is. R.R. Co., 248 N.Y. 339, 344; Klein v. Hoffman, 15 A.D.2d 899) or that the accident was not caused by the negligence of the infant plaintiff. Ughetta, Acting P.J., Christ, Brennan, Hopkins and Nolan, JJ., concur.