New York Court of Appeals, 1968

Kirk v. Kiernan

Kirk v. Kiernan
New York Court of Appeals · Decided January 18, 1968
21 N.Y.2d 770; 235 N.E.2d 225; 288 N.Y.S.2d 241; 1968 N.Y. LEXIS 1665
Kirk v. Kiernan

Opinion of the Court

Order reversed and a new trial granted with costs to abide the event, on the ground that an issue of fact was presented for the jury. No opinion.

Concur: Judges Burke, Bergan, Keating and Breitel. Chief Judge Fuld and Judges Scileppi and Jasen dissent and vote to affirm.

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