JESSELSON v. MOODY


309 N.Y. 148 (1955)

Milton Jesselson, Individually and as Executor of Tessie Jesselson, Deceased, et al., Respondents, v. Gloria Moody, Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1955


Attorney(s) appearing for the Case

Wilbur M. Jones and John W. Trapp for appellant.

Arnold B. Elkind, Harry Ostrov and Herbert Zelenko for Milton Jesselson, respondent.

Arnold B. Elkind and Herbert Zelenko for Robert M. Dutton, respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD and VAN VOORHIS, JJ., concur with BURKE, J.; FROESSEL, J., dissents and votes to affirm.


BURKE, J.

The judgment in favor of plaintiff Jesselson, individually and as executor of the estate of his deceased wife, should be affirmed. However, defendant's contention that the plaintiff Dutton failed to establish that he was an invitee of the defendant is well taken and requires a reversal as to Dutton. New Jersey is one of the few remaining jurisdictions which adhere to the common-law distinction between...

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