Gargano v. Hanington

In a negligence action to recover damages for personal injuries, plaintiffs appeal from a judgment of the Supreme Court, Suffolk County, entered December 19, 1969 in favor of defendants, upon the trial court’s dismissal of the complaint at the close of plaintiffs’ case upon a juiy trial on the issue of liability. Judgment reversed, on the law, and new trial granted, with costs to abide the event. No questions of fact were presented on this appeal. The infant plaintiff, then 14 years of age, was allegedly injured on April 6, 1965, when his bicycle skidded on an accumulation of sand on a public…