Avery v. Order of St. Basil the Great
21 N.Y.2d 908
| NY | 1968

Order affirmed, with costs; no opinion.

*910Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen. Judge Keating dissents and votes to reverse and grant a new trial on the ground that there were questions of fact, properly presented to the jury under an adequate charge, both as to breach of a duty owed to plaintiff by defendant and as to plaintiff’s freedom from contributory negligence.