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CEE JAY REALTY CORP. v. AETNA CAS. & SUR. CO.

30 N.Y.2d 754 (1972)

Cee Jay Realty Corporation, Respondent, v. Aetna Casualty and Surety Company, Appellant.

Court of Appeals of the State of New York.

Decided May 3, 1972.

Attorney(s) appearing for the Case

John R. O'Connor and J. Robert Morris for appellant.

Thomas R. Newman and Benjamin H. Siff for respondent.

Concur: Judges BURKE, SCILEPPI, BREITEL and JASEN. Judge GIBSON dissents and votes to affirm in a memorandum in which Chief Judge FULD and Judge BERGAN concur.

Order modified, with costs, in accordance with the dissenting opinion at the Appellate Division, and, as so modified, affirmed.

GIBSON, J. (dissenting).

The chronology of events is this: On November 30, 1961, plaintiff acquired title; during the period between November 30, 1961 and January 22, 1963, there occurred the negligent acts and omissions complained of, these including the accumulation of inflammable rubbish and the failure to secure the...

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