Sauer v. Hebrew Institute of Long Island, Inc.

Decision Date10 October 1963
Parties, 193 N.E.2d 642 Neil SAUER, an infant under 14 years of age, by Ann Sauer, his Guardian ad Litem, and Irving Sauer, Appellants, v. HEBREW INSTITUTE OF LONG ISLAND, INC., Respondent.
CourtNew York Court of Appeals Court of Appeals

Appeal from Supreme Court, Appellate Division, First Department, 17 A.D.2d 245, 233 N.Y.S.2d 1008.

Thirteen-year-old boy and his father brought action against a corporation, which operated camp, for injuries sustained by the boy when he slipped on wet grass during a water fight between groups of campers and struck his head on a concrete walk and for medical expenses and loss of services incurred by the father.

The Supreme Court, Trial Term, Bronx County, Charles A. Loreto, J., 33 Misc.2d 785, 227 N.Y.S.2d 535, entered a judgment in favor of the boy and his father, and the corporation appealed.

The Appellate Division, Bergan, P. J., 17 A.D.2d 245, 233 N.Y.S.2d 1008, reversed the judgment on the law and the facts, dismissed the complaint, entered judgment for corporation, and held that corporation was not liable.

The boy and his father appealed to the Court of Appeals.

Judgment affirmed, without costs.

All concur.

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7 cases
  • Aberger v. Camp Loyaltown, Inc.
    • United States
    • New York Supreme Court — Appellate Division
    • 25 Febrero 2021
    ...the dissent relies upon Sauer v. Hebrew Inst. of Long Is., 17 A.D.2d 245, 233 N.Y.S.2d 1008 (1st Dept. 1962) ; affd 13 N.Y.2d 913, 243 N.Y.S.2d 859, 193 N.E.2d 642 (1963) and Fintzi v. New Jersey YMHA–YWHA Camps, 97 N.Y.2d 669, 739 N.Y.S.2d 85, 765 N.E.2d 288 (2001). In Sauer, the campers w......
  • Ward v. State
    • United States
    • New York Court of Claims
    • 2 Abril 1975
    ...N.Y.S.2d 770, 195 N.E.2d 455; Sauer v. Hebrew Institute of Long Island, Inc., 17 A.D.2d 245, 233 N.Y.S.2d 1008, aff'd, 13 N.Y.2d 913, 243 N.Y.S.2d 859, 193 N.E.2d 642; Flynn v. City of New York, 13 A.D.2d 237, 216 N.Y.S.2d 54, aff'd, 10 N.Y.2d 930, 224 N.Y.S.2d 11, 179 N.E.2d 855; Nucci v. ......
  • Greaves v. Bronx Y. M. C. A.
    • United States
    • New York Supreme Court — Appellate Division
    • 24 Junio 1982
    ...controlled by the decision in Sauer v. Hebrew Institute of Long Island, Inc., 17 A.D.2d 245, 233 N.Y.S.2d 1008, aff'd, 13 N.Y.2d 913, 243 N.Y.S.2d 859, 193 N.E.2d 642 in which, in a similar factual situation, a verdict in favor of the plaintiff was reversed, on the law and on the facts, and......
  • Ramos v. Salesian Junior Seminary
    • United States
    • New York Supreme Court — Appellate Division
    • 19 Octubre 1972
    ...12 N.Y.2d 850, 236 N.Y.S.2d 626, 187 N.E.2d 476; Sauer v. Hebrew Inst., L.I., 17 A.D.2d 245, 233 N.Y.S.2d 1008, affd. 13 N.Y.2d 913, 243 N.Y.S.2d 859, 193 N.E.2d 642). Even if an issue had been presented on this point we would have been required to set aside the verdict and order a new tria......
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