BARTKOWIAK v. ST. ADALBERT'S R. C. CHURCH


40 A.D.2d 306 (1973)

Anna L. Bartkowiak, as Administratrix of The Estate of Henry F. Bartkowiak, Jr., Deceased, Appellant, v. St. Adalbert's Roman Catholic Church Society, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 18, 1973.


Attorney(s) appearing for the Case

Condon, Klocke, Ange & Gervase (Joseph F. Gervase, Jr., of counsel), for appellant.

Olszewski, Janik & Wierzbicki (John J. Olszewski of counsel), for respondent.

GOLDMAN, P. J., DEL VECCHIO, WITMER and HENRY, JJ., concur.


CARDAMONE, J.

The plaintiff, Anna L. Bartkowiak, as administratrix of the estate of Henry F. Bartkowiak, Jr., appeals from the judgment at Trial Term which dismissed her complaint at the close of the plaintiff's evidence.

The action was one for the wrongful death of plaintiff's son, Henry F. Bartkowiak, Jr. The decedent was stabbed to death on July 12, 1969 while attending a lawn fete sponsored by defendant...

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