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COOK v. TOWN OF NASSAU

33 N.Y.2d 7 (1973)

Connie M. Cook, as Administratrix of The Estate of William P. Cook, Deceased, Respondent, v. Town of Nassau, Appellant. John H. Lynch et al., Respondents, v. Town of Nassau, Appellant.

Court of Appeals of the State of New York.

Decided July 3, 1973.

Attorney(s) appearing for the Case

James S. Carter for appellant.

Joseph P. Huberty and Raymond E. Marinelli for Connie M. Cook, respondent.

Frederick C. Riester for John H. Lynch and Raymond A. Lynch, Sr., respondents.

Chief Judge FULD and Judges BURKE, JONES and WACHTLER concur with Judge GABRIELLI; Judge JASEN dissents and votes to reverse in a separate opinion in which Judge BREITEL concurs.

GABRIELLI, J.

On these appeals, here by our leave, we are asked to determine whether evidence of the alcoholic content of the blood of the deceased operator of a motorcycle, obtained during an autopsy shortly after death, was admissible in negligence actions against the town.

Subdivision 3 (par. [b]) of section 674 of the County Law provides that blood and urine tests shall be ordered by the coroner to...

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