Morales v. Rothke

Decided December 1, 1966

New York Court of Appeals · decided 1966-12-01

Decided 1966-12-01

¶1Order affirmed, without costs; no opinion.

*915Concur: Chief Judge Desmond and Judges Fuld, Yak Voorhis and Scileppi. Judges Burke, Bergan and Keating dissent and vote to reverse and to grant a new trial as to plaintiffs, Felipe Morales and Louis M. Morales, on the ground that their contributory negligence was a question of fact for the jury (see Vanyo v. Salisbury, 16 N Y 2d 969).