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SCOTT v. LINCOLN CTR. FOR THE PERFORMING ARTS, INC.

25 N.Y.2d 999 (1969)

Gwendelin Scott, Appellant, v. Lincoln Center for the Performing Arts, Inc., Respondent.

Court of Appeals of the State of New York.

Decided October 29, 1969.

Attorney(s) appearing for the Case

Benjamin Eigg for appellant.

Richard Bakalor and Robert E. Quirk for respondent.

Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Judge BURKE dissents and votes to reverse in the following opinion.

Order affirmed, without costs, on the opinion at the Appellate Division.

BURKE, J. (dissenting).

On this appeal in the Appellate Division the court below affirmed with two Justices dissenting. The trial court and the Appellate Division both erred. The trial court found that "no claim" of crowd was made. The Appellate Division, in contradicting the trial court, pointed out that the testimony of the plaintiff must be accepted as true since the court...

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