Zaepfel v. City of Yonkers

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Westchester County, entered October 15, 1975, which is in favor of the defendants upon the trial court’s dismissal of the complaint at the close of plaintiffs’ case, at a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The matter was tried to a jury, on the issue of liability only (see CPLR 603). On December 31, 1970, at approximately 1:00 p.m., the infant plaintiff, Kenneth Zaepfel, then about six weeks shy of nine…