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JONES v. RADIO CITY MUSIC HALL CORP.

31 N.Y.2d 790 (1972)

George F. Jones, as Administrator of The Estate of George R. Jones, Deceased, et al., Appellants, v. Radio City Music Hall Corp. et al., Defendants, and Davis Piping Corp., Respondent.

Court of Appeals of the State of New York.

Decided November 3, 1972.

Attorney(s) appearing for the Case

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

Henry J. Smith and Daniel G. Donovan for respondent.

Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Judge BURKE dissents and votes to reverse, upon the ground that a question of fact was presented which could only be determined by the jury.

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

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