New York Court of Appeals, 1966

Morales v. Rothke

New York Court of Appeals · Decided December 1, 1966 · Bergan, Burke, Desmond, Fact, Fuld, Jury, Keating, Morales, Negligence, Plaintiffs, Question, Salisbury, Scileppi, Trial, Voorhis, Vote

18 N.Y.2d 913; 223 N.E.2d 50; 276 N.Y.S.2d 643; 1966 N.Y. LEXIS 951

Opinion of the Court

Order affirmed, without costs; no opinion.

*915Concur: Chief Judge Desmond and Judges Fuld, Yak Voorhis and Scileppi. Judges Burke, Bergan and Keating dissent and vote to reverse and to grant a new trial as to plaintiffs, Felipe Morales and Louis M. Morales, on the ground that their contributory negligence was a question of fact for the jury (see Vanyo v. Salisbury, 16 N Y 2d 969).

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