New York Court of Appeals, 1968

Avery v. Order of St. Basil the Great

Avery v. Order of St. Basil the Great
New York Court of Appeals · Decided April 3, 1968
21 N.Y.2d 908; 236 N.E.2d 857; 289 N.Y.S.2d 625; 1968 N.Y. LEXIS 1539
Avery v. Order of St. Basil the Great

Cases that cite this one

2 later published cases cite this decision. The 1 that cite it most often are listed here.

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Opinion of the Court

Order affirmed, with costs; no opinion.

*910Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen. Judge Keating dissents and votes to reverse and grant a new trial on the ground that there were questions of fact, properly presented to the jury under an adequate charge, both as to breach of a duty owed to plaintiff by defendant and as to plaintiff’s freedom from contributory negligence.

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