Hyperlawhypertext legal database Avery v. Order of St. Basil the Great 21 N.Y.2d 908

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Avery v. Order of St. Basil the Great

21 N.Y.2d 908 Court N.Y. Decision date 1968-04-03 English

Contents

Majority

p. 908
Edwin Avery, Appellant, v. Order of St. Basil the Great, Respondent.
Argued February 26, 1968;
decided April 3, 1968.
p. 909
Maurice P. O’Brien for appellant.
William F. McNulty for respondent.

Order affirmed, with costs; no opinion.

p. 910
Concur: 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.