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DAGGETT v. KESHNER

7 N.Y.2d 981 (1960)

Albert B. Daggett, as Administrator of The Estate of James L. Daggett, Deceased, et al., Respondents, v. Al Keshner et al., Defendants, and Hyman Berebitsky et al., Individually and as Copartners Doing Business under the Name of B & S Garage, Appellants, and Nationwide Mutual Insurance Company, Joined Appellant.

Court of Appeals of the State of New York.

Decided March 3, 1960.

Attorney(s) appearing for the Case

William L. Shumate for appellants and joined appellant.

Morris Pottish for respondents.

Frederick L. Scofield, Matthew S. Gibson, Robert Hill Nix and Paul A. Crouch for Gulf Oil Corporation, amicus curiæ.

Concur: Chief Judge DESMOND and Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Judge FULD dissents and votes to reverse in the following opinion:

Judgment affirmed, with costs.

FULD, J. (dissenting).

I recognize that the Legislature may change the settled rule of law which "looks only to the proximate cause of the mischief, in attaching legal responsibility, and allow a recovery to be had against those whose acts contributed, although remotely, to produce it" (Bertholf v. O'Reilly, 74 N.Y. 509, 524), but the Administrative Code provision upon which the plaintiffs here rely does not...

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