decided: December 11, 1968.
RAYMOND DIAZ, AN INFANT, BY HIS GUARDIAN AD LITEM, MODESTO DIAZ, ET AL., APPELLANTS,
CITY OF NEW YORK ET AL., RESPONDENTS
Diaz v. City of New York,
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen. Judge Keating dissents.
Order affirmed, without costs; no opinion. Judge Keating dissents and votes to reverse and to grant a new trial on the ground that plaintiffs' proof was sufficient to present a question of fact for the jury.
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