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Morales v. Rothke

18 N.Y.2d 913 Court N.Y. Decision date 1966-12-01 English

Judges Concur: Chief Judge Desmond and Judges Fuld, Yak Voorhis and Scileppi. Judges Burke, Bergan and Keating dissent and vote to reverse and to grant a new trial as to plaintiffs, Felipe Morales and Louis M. Morales, on the ground that their contributory negligence was a question of fact for the jury (see Vanyo v. Salisbury, 16 N Y 2d 969).

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Majority

p. 913
Felipe Morales et al., Appellants, v. Helmut Rothke et al., Respondents.
Argued October 25, 1966;
decided December 1, 1966.
p. 914
Norman Bard for appellants.
Arthur N. Seiff and William P. Kewnedy for Helmut and Anna Rothke, respondents.
William J. Began for Ralph Saralequi, respondent.

Order affirmed, without costs; no opinion.

p. 915
Concur: Chief Judge Desmond and Judges Fuld, Yak Voorhis and Scileppi. Judges Burke, Bergan and Keating dissent and vote to reverse and to grant a new trial as to plaintiffs, Felipe Morales and Louis M. Morales, on the ground that their contributory negligence was a question of fact for the jury (see Vanyo v. Salisbury, 16 N Y 2d 969 ).

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