Jones v. Radio City Music Hall Corp.

Full title: GEORGE F. JONES, as Administrator of the Estate of GEORGE R. JONES…

Court: Court of Appeals of the State of New York

Date published: Nov 3, 1972

31 N.Y.2d 790 (N.Y. 1972)

339 N.Y.S.2d 114

291 N.E.2d 392

Opinion

Argued October 2, 1972

Decided November 3, 1972

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, PAUL A. FINO, J.

Benjamin H. Siff and Thomas R. Newman for appellants.

Henry J. Smith and Daniel G. Donovan for respondent.

Order affirmed, without costs, on the opinion at the Appellate Division.

Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Judge BURKE dissents and votes to reverse, upon the ground that a question of fact was presented which could only be determined by the jury.