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DYM v. GORDON

16 N.Y.2d 120 (1965)

Rhoda Dym, Appellant, et al., Plaintiff, v. Morris Gordon, Respondent.

Court of Appeals of the State of New York.

Decided July 9, 1965.

Attorney(s) appearing for the Case

Morton H. Feder, Emile Z. Berman and A. Harold Frost for appellant.

Albert P. Thill for respondent.

Judges DYE, VAN VOORHIS and SCILEPPI concur with Judge BURKE; Judge FULD dissents and votes to reverse in an opinion in which Chief Judge DESMOND concurs in a separate opinion and in each of which Judge BERGAN concurs.

BURKE, J.

The plaintiff, a guest in the defendant driver's automobile, seeks to recover damages against her host for injuries which concededly were the result of ordinary negligence in its operation. Both the plaintiff and defendant are New York domiciliaries and if the accident had occurred here the defendant would doubtless be liable. However, the accident and negligent conduct took place in the State of Colorado...

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