Waters v. McNearney — 8 N.Y.2d 808

Majority

p. 808

Harold G. Waters et al., Respondents, v. Peter McNearney, Defendant, and Schenectady Baseball Club, Inc., Appellant.

Argued April 22, 1960;

decided May 19, 1960.

p. 809

Harold E. Blodgett and Amedeo H. Volpe for appellant.

Richard T. Horigan for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel and Burke. Judge Van Voorhis dissents and votes to reverse and to dismiss the complaint upon the ground that the plaintiffs have failed to prove facts sufficient to constitute a cause of action. Taking no part: Judge Foster.