Lichtenthal v. St. Mary's Church — 78 N.Y.2d 1094

Majority

p. 1094

Linda M. Lichtenthal et al., as Coexecutors of Stanley J. Feldman, Deceased, Appellants, v St. Mary’s Church et al., Defendants, and Edward M. Spoth, Daniel Herberger and Germain Krafft, Respondents.

Argued October 8, 1991;

decided November 21, 1991

p. 1095

APPEARANCES OF COUNSEL

Richard N. Blewett for appellants.

p. 1096

Victor A. Rossetti for Edward M. Spoth, respondent.

Kenneth R. Kirby for Daniel Herberger, respondent.

Lynn D. Gates for Germain Krafft, respondent.

OPINION OF THE COURT

Memorandum.

The orders of the Appellate Division should be affirmed, with costs. We agree with the Appellate Division that each of the three defendants was entitled to summary judgment as a matter of law because, as covolunteers, they owed no duty to plaintiffs’ decedent other than to exercise reasonable care under the circumstances and no evidence in admissible form was adduced sufficient to create an issue of fact as to whether defendants breached that duty.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Orders affirmed, with costs, in a memorandum.