Colon v. Margolis

Full title: RONALD COLON, Respondent, v. LILLIAN MARGOLIS, Appellant

Court: Court of Appeals of the State of New York

Date published: May 5, 1966

218 N.E.2d 300 (N.Y. 1966)

218 N.E.2d 300

271 N.Y.S.2d 251

Opinion

Argued April 26, 1966

Decided May 5, 1966

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, CHARLES B. BRASSER, J.

Herbert N. Stern for appellant.

Thomas L. Jones for respondent.

Order affirmed, with costs; no opinion.

Concur: Chief Judge DESMOND and Judges FULD, BURKE, BERGAN and KEATING. Judges VAN VOORHIS and SCILEPPI dissent and vote to reverse and to dismiss the complaint upon the ground that on the record the inference is merely speculative that the rubbish on defendant's premises was the cause of the fire.