Genud v. Tauber

In a negligence action, the plaintiffs move for summary judgment on the issue of liability on the ground that no triable issue of facts exists, and setting the matter down for the assessment of damages.

The opposition, although vigorous, is limited in scope, i.e., that the contributory negligence of the infant must be determined at a trial.

Before coming to grips with the problem presented, it is necessary that an exposition of the facts and the contentions of the parties be set forth:

On September 9, 1965, the infant plaintiff, then, just under 11 years of age, carrying out an errand for his…