COUSINS v. INSTRUMENT FLYERS, INC.


44 N.Y.2d 698 (1978)

Norman L. Cousins, Appellant, v. Instrument Flyers, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided March 29, 1978.


Attorney(s) appearing for the Case

Lonn E. Berney for appellant.

William J. Junkerman and William F. Martin, Jr., for Instrument Flyers, Inc., respondent.

Benjamin E. Haller for Piper Aircraft Corp., respondent.

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


Per Curiam.

The order should be affirmed, with costs.

In this action, based on strict products liability, for personal injuries resulting from the crash of a rented private airplane, the issue is whether, as the parties had assumed throughout the trial, contributory negligence is a bar to recovery. Under the then applicable New York law, contributory negligence would be a bar; under the law of New Jersey and...

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