Morales v. Rothke

Full title: FELIPE MORALES et al., Appellants, v. HELMUT ROTHKE et al., Respondents

Court: Court of Appeals of the State of New York

Date published: Dec 1, 1966

223 N.E.2d 50 (N.Y. 1966)

223 N.E.2d 50

276 N.Y.S.2d 643

Opinion

Argued October 25, 1966

Decided December 1, 1966

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

Norman Bard for appellants.

Arthur N. Seiff and William P. Kennedy for Helmut and Anna Rothke, respondents.

William J. Regan for Ralph Saralequi, respondent.

Order affirmed, without costs; no opinion.

Concur: Chief Judge DESMOND and Judges FULD, VAN 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).