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COLBAN v. PETTERSON LIGHTERAGE & TOWING CORP.

19 N.Y.2d 794 (1967)

William Colban, Appellant, v. Petterson Lighterage & Towing Corporation, Respondent, and McAllister Lighterage Line, Inc., Respondent-Appellant.

Court of Appeals of the State of New York.

Decided April 11, 1967.

Attorney(s) appearing for the Case

Julius Miller and Thomas W. Gleason for appellant.

Vincent A. Catoggio for respondent-appellant.

No appearance for respondent.

Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL.

Order affirmed, without costs, in the following memorandum. Regardless of whether State law or maritime law applies, the order of the Appellate Division should be affirmed. If New York law applies, the question of proximate cause was for the court since the plaintiff's narrative of the accident was uncontradicted (Rivera v. City of New York, 11 N.Y.2d 856). We agree with the Appellate Division that the cause of the plaintiff's fall...

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