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LONDA v. DOUGBAY ESTATES

40 N.Y.2d 1001 (1976)

Joseph Londa, as Administrator of The Estate of Joseph Londa, Jr., Deceased, Appellant, et al., Plaintiff, v. Dougbay Estates, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 16, 1976.

Attorney(s) appearing for the Case

Edwin N. Weidman and Norman E. Frowley for appellant.

William F. McNulty, Harold M. Foster and Anthony J. McNulty for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur; Judge FUCHSBERG taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the case remitted to the Appellate Division, Second Department, for review of the facts pursuant to CPLR 5613. A jury question as to negligence was presented under the rule of the recently decided status cases. (Basso v Miller, 40 N.Y.2d 233; Scurti v City of New York, 40...

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