GREEN v. DOWNS


27 N.Y.2d 205 (1970)

Minnie Green et al., Appellants, v. Hugh Downs et al., Respondents.

Court of Appeals of the State of New York.

Decided November 12, 1970.


Attorney(s) appearing for the Case

Benjamin H. Siff for appellants.

Benjamin Heller for respondents.

Chief Judge FULD and Judges BURKE and BERGAN concur with Judge GIBSON; Judge JASEN dissents and votes to affirm in a separate opinion in which Judges SCILEPPI and BREITEL concur.


GIBSON, J.

The plaintiff suing on the primary cause of action in this negligence case was injured when the defendants' automobile backed into her as she stood upon the street. By a divided vote, the Appellate Division affirmed the judgment entered upon the verdict of no cause of action. The order of the Appellate Division must be reversed for error in the trial court's instructions to the jury and in certain...

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