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,
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DE CARLO v. FALCO
8 N.Y.2d 791 (1960)
Frank De Carlo, Respondent-Appellant, v. Elizabeth Falco et al., Respondents, and Louis Pallos et al., Appellants-Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued April 18, 1960.
Decided April 29, 1960.
Attorney(s) appearing for the Case
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.
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