Ranofsky v. Frank

Martin, J.:

The infant plaintiff, five years of age, resided with his parents orie flight above the ground floor in the defendant’s tenement house. It is alleged that on November 6, 1921, at about six p. m., he fell on the stairway leading to the ground floor and fractured the bones of his right thigh. He was permitted to make an unsworn statement to the jury, giving his version of the accident.

That such evidence is inadmissible was held in Stoppick v. Goldstein (174 App. Div. 306). In that case the court said: “ The trial court should have ascertained whether this plaintiff, nine years old at…