MILLER v. MILLER


22 N.Y.2d 12 (1968)

Audrey Miller, as Executrix of Earl Miller, Deceased, Respondent. v. Robert L. Miller et al., Appellants.

Court of Appeals of the State of New York.

Decided April 18, 1968.


Attorney(s) appearing for the Case

Samuel S. Slavitt and Howard H. Schrecke for appellants.

Herman Schmertz for respondent.

Chief Judge FULD and Judges BURKE and BERGAN concur with Judge KEATING; Judge BREITEL dissents and votes to reverse in an opinion in which Judge JASEN concurs; Judge SCILEPPI dissents and votes to reverse on the authority of Dym v. Gordon ().


KEATING, J.

On August 10, 1961 the late Earl Miller, a resident of Harrison, New York, embarked on a short business trip to Brunswick, Maine, where his brother resided and where they had mutual business interests. On August 12, 1961, while a passenger in a car driven by his brother and owned by his sister-in-law, Mr. Miller was killed when the vehicle suddenly swerved off the road and crashed into a bridge railing...

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