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Maniscalco v. Tully & Di Napoli, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 3, 1947
271 App. Div. 974 (N.Y. App. Div. 1947)

Opinion

February 3, 1947.


Action to recover damages for the death of plaintiff's intestate, a boy almost seventeen years of age, who was drowned while swimming in a catch basin or pond, situated in a public park, which was in the process of being deepened and enlarged by contractors at the time. Judgment entered on the dismissal of the complaint at the close of plaintiff's case affirmed, with costs. No opinion. Johnston, Adel and Nolan, JJ., concur; Lewis, P.J., and Carswell, J., dissent and vote to reverse and grant a new trial. The proof presented questions of fact as to the negligence of the defendants. ( Fedearowicz v. City of Amsterdam, 293 N.Y. 814.)


Summaries of

Maniscalco v. Tully & Di Napoli, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 3, 1947
271 App. Div. 974 (N.Y. App. Div. 1947)
Case details for

Maniscalco v. Tully & Di Napoli, Inc.

Case Details

Full title:PAUL MANISCALCO, as Administrator of the Estate of PAUL MANISCALCO…

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

Date published: Feb 3, 1947

Citations

271 App. Div. 974 (N.Y. App. Div. 1947)