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RIVENBURGH v. VIKING BOAT CO.

55 N.Y.2d 850 (1982)

Shirley V. Rivenburgh, as Administratrix of The Estate of Frank V. Rivenburgh, Deceased, Appellant, v. Viking Boat Co. et al., Respondents. Alco Standard Corporation, Doing Business as Tempo Products Company, Fifth-Party Plaintiff, v. Walter A. Braun Co., Inc., Fifth-Party Defendant-Respondent. (And Other Actions.)

Court of Appeals of the State of New York.

Decided January 14, 1982.

Attorney(s) appearing for the Case

Norman H. Dachs for appellant.

Joseph Emmet Soffey for Viking Boat Co., respondent.

John E. Long and Martin J. Burgess for Bay Shore Marine Basin, Inc., respondent.

William F. McNulty for Alco Standard Corporation, Doing Business as Tempo Products Company, respondent.

Michael Majewski for Walter A. Braun Co., Inc., fifth-party defendant-respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

On summary consideration, order reversed and a new trial granted with costs to abide the event. A plaintiff in a wrongful death action is not held to as high a degree of proof as a plaintiff in a personal injury action and is entitled to benefit from every favorable inference which can reasonably be drawn from the evidence in determining whether a prima facie case has been made out (see Noseworthy v City of New York, 298...

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