Mignery v. Gabriel

Full title: ROBERT MIGNERY, Appellant, v. WILLIAM GABRIEL, Respondent

Court: Court of Appeals of the State of New York

Date published: Dec 6, 1957

3 N.Y.2d 1001 (N.Y. 1957)

169 N.Y.S.2d 913

147 N.E.2d 480

Opinion

Argued October 8, 1957

Decided December 6, 1957

Appeal from the Appellate Division of the Supreme Court in the third judicial department DANIEL J. McAVOY, J.

Robert E. Fischer for appellant.

Paul C. Gouldin for respondent.

Judgment affirmed; no opinion.

Concur: Judges DESMOND, DYE, FULD, VAN VOORHIS and BURKE. Chief Judge CONWAY and Judge FROESSEL dissent and vote to reverse and to grant a new trial upon the ground that a question of fact was presented which required submission to a jury.