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

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.