Legal Opinion

Pinghero v. Queens County Savings Bank

Appellate Division of the Supreme Court of the State of New York

Decided December 2, 1940Published

1Opinion of the CourtTaylor, J.

This action was brought by the infant plaintiff to recover damages for personal injuries, and by his father for loss of the infant’s services and for medical expenses. The complaint was dismissed upon the ground that the same, as supplemented by plaintiffs’ opening, does not state facts sufficient to constitute a cause of action.

There is no order dismissing the complaint printed in the record. The appeal in that phase, therefore, must be dismissed.

On April 23, 1940, an order was made permitting plaintiffs to enter the judgment appealed from, without prejudice to their right of appeal.

The…

2Cases cited7 opinions

  1. Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
  2. Robertson v. Rockland Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1919
  3. McCloskey v. . BuckleyNew York Court of Appeals · 1918
  4. Thibodeau v. Gerosa Haulage Warehouse CorporationNew York Court of Appeals · 1938
  5. Thibodeau v. Gerosa Haulage & Warehouse Corp.Appellate Division of the Supreme Court of the State of New York · 1937

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