WEAR v. METROPOLITAN JOCKEY CLUB, 13 N.Y.2d 980 (1963)

244 N.Y.S.2d 780, 194 N.E.2d 689

JAMES WEAR, Respondent, v. METROPOLITAN JOCKEY CLUB, Appellant.

Court of Appeals of the State of New York.Argued October 9, 1963
Decided October 31, 1963

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department,

Page 981

JOSEPH A. SUOZZI, J.

Page 982

Lillian E. Cuff and George V. Conway for appellant.

Robert M. Reagan, G.G. Rosenberg and L.M. Rosenberg for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and FOSTER. Judges VAN VOORHIS and SCILEPPI dissent and vote to reverse upon the authority of Marshall v. City of New York
(308 N.Y. 836), Borshowsky v. Altman Co. (280 App. Div. 599, affd. 306 N.Y. 798) and Gasper v. Ford Motor Co. (13 N.Y.2d 104).