Bauer v. Sharkey — 16 N.Y.2d 631

Majority

p. 631

Frank J. Bauer, as Administrator of the Estate of Micheline Bauer, Deceased, et al., Respondents, v. Henry C. Sharkey et al., Appellants, et al., Defendant.

Argued May 17, 1965;

decided May 27, 1965.

p. 632

Thomas Grimes and John D. Kelly for Town of Babylon, appellant.

Ralph A. Cascella for Henry C. Sharkey, appellant.

Wilbur S. Talisman and Fidele V. Bruno for respondents.

Order modified by reversing, without costs, so much of it as is in favor of plaintiffs against the Town of Babylon and dismissing the complaint as to that defendant, and, as so modified, order affirmed, with costs to plaintiffs against defendant Sharkey. Plaintiffs’ proof does not establish that the negligence, if any, of the Town of Babylon was a proximately producing cause of the accident.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.