DREYER v. TISHMAN REALTY & CONSTR. CO., INC.


42 N.Y.2d 883 (1977)

April J. Dreyer, as Administratrix of The Estate of Stephen M. Dreyer, Deceased, Appellant, v. Tishman Realty and Construction Co., Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided June 14, 1977.


Attorney(s) appearing for the Case

Pamela A. Liapakis, Harry H. Lipsig and Charles F. McGuire for appellant.

Arthur N. Seiff and Julius Gantman for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

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

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