201 N.Y.S.2d 803, 168 N.E.2d 132
Court of Appeals of the State of New York.Argued April 18, 1960
Decided April 29, 1960
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HENRY CLAY GREENBERG, J.
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Bernard Meyerson and Thomas V. Kingham for appellants-respondents.
Benjamin Adler, Gustave G. Rosenberg and George W. Loomer
for respondent-appellant.
John M. Cunneen for respondents.
Judgment modified by dismissing the complaint as to defendants Pallos and, as so modified, affirmed, with costs to defendants Pallos. The proof of Steve Pallos’ conduct, precipitated as it was by an emergency not of his own making, was as a matter of law insufficient to create liability (see Meyer v. Whisnant, 307 N.Y. 369; Andersen v. Bee Line, 1 N.Y.2d 169). No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.
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