Yonkers Raceway v. Natl. Un. Fire Ins. Co.

Full title: YONKERS RACEWAY, INC., Respondent, v. NATIONAL UNION FIRE INSURANCE…

Court: Court of Appeals of the State of New York

Date published: Apr 17, 1959

6 N.Y.2d 756 (N.Y. 1959)

186 N.Y.S.2d 656

159 N.E.2d 203

Opinion

Argued February 25, 1959

Decided April 17, 1959

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, SAMUEL W. EAGER, J.

David A. Ticktin for appellants.

John C. Marbach and Louis Haimoff for respondent.

Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

Concur: Judges DESMOND, DYE, FULD and BURKE. Judges FROESSEL and VAN VOORHIS dissent and vote to reverse upon the dissenting opinion of NOLAN, P.J., in the Appellate Division. Taking no part: Chief Judge CONWAY.