Belcher v. Kesten — 30 N.Y.2d 744

Majority

p. 744

Theodore Belcher, Individually and as Administrator of the Estate of Barbara Belcher, Deceased, Appellant, v. Joyce Kesten et al., Defendants, and Metropolitan Tobacco Company, Inc. et al., Respondents. (And Four Other Actions.)

Argued March 16, 1972;

decided April 27, 1972.

p. 745

Herbert L. Fine for appellant.

Roger P. McTiernan for respondents.

Order insofar as it dismisses the complaint reversed and a pew trial granted, with costs to abide the event, on the ground that questions of fact were presented for the jury.

Concurrence

p. 746

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.