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di Suvero v. Gem Window Cleaning Co.

17 N.Y.2d 831 Court N.Y. Decision date 1966-06-02 English

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p. 831
Marco Polo di Suvero, Appellant, v. Gem Window Cleaning Co., Inc., Respondent, et al., Defendants.
Argued May 3, 1966;
decided June 2, 1966.
p. 832
Lee S. Kreindler, Harry E. Kreindler, Milton G. Sincoff and Jules Brody for appellant.
Harold J. Levy, Bernard Helfenstein, Irwin M. Strum and Herbert Minster for respondent.

Order affirmed, with costs, upon the ground that plaintiff was guilty of contributory negligence as a matter of law. We pass upon no other question. No opinion.

Concur: Chief Judge Desmond and Judges Ftjld, Van Voobhis, Bubke, Scileppi and Bebgan. Judge Keating dissents and votes to reverse upon the ground that the questions of fact were properly submitted to the jury by the Trial Justice.