Learn v. Bicentennial Wagon Train — 56 N.Y.2d 883

Majority

p. 883

Joan Learn et al., Appellants, v Bicentennial Wagon Train, Respondent, and Norman Deep, Defendant and Third-Party Plaintiff-Respondent. Aitkin Kynette, Inc., et al., Third-Party Defendants-Respondents. (And Another Third-Party Action.)

Decided June 10, 1982

p. 884

APPEARANCES OF COUNSEL

Robert M. Ginsberg for appellants.

Leonard A. Sheft and Richard T. Farrell for Norman Deep, respondent.

John T. Pellini and Stanford Kaplan for Aitkin Kynette, Inc., and another, respondents.

McCaffrey & Condon for Village of Tarrytown and another, respondents.

opinion of the court

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. The Appellate Division correctly ruled that Pfaffenbach v White Plains Express Corp. ( 17 NY2d 132 ) was not applicable to the facts of this case.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtlek and Meyer. Taking no part: Judge Fuchsberg.

Cases cited

Pfaffenbach v. White Plains Express Corp. 17 NY2d 132 N.Y. 1966-03-24 p. 884