Bowler v. Robert Metrick Co.

Full title: HELENA BOWLER, Respondent, v. ROBERT METRICK CO., INC., Appellant

Court: Court of Appeals of the State of New York

Date published: May 7, 1964

199 N.E.2d 386 (N.Y. 1964)

199 N.E.2d 386

250 N.Y.S.2d 297

Opinion

Argued April 29, 1964

Decided May 7, 1964

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, THOMAS P. FARLEY, J.

Edward F. Sweeney for appellant.

Thomas A. Dwyer for respondent.

Order affirmed, with costs; no opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD and BURKE. Judges VAN VOORHIS, SCILEPPI and BERGAN dissent and vote to reverse and to dismiss the complaint upon the ground that no negligence was established on the part of defendant-appellant.