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Scotto v. Goldman, Blatt

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1927
219 App. Div. 748 (N.Y. App. Div. 1927)

Opinion

January, 1927.


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., Jaycox, Manning, Young and Kapper, JJ., concur.

See Penal Law, § 484, subd. 1. — [REP.


Summaries of

Scotto v. Goldman, Blatt

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1927
219 App. Div. 748 (N.Y. App. Div. 1927)
Case details for

Scotto v. Goldman, Blatt

Case Details

Full title:CATHERINE SCOTTO, an Infant, by JOSEPH SCOTTO, Her Guardian ad Litem…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 1, 1927

Citations

219 App. Div. 748 (N.Y. App. Div. 1927)