LICHTENTHAL v. ST. MARY'S CHURCH


78 N.Y.2d 1094 (1991)

Linda M. Lichtenthal et al., as Coexecutors of Stanley J. Feldman, Deceased, Appellants, v. St. Mary's Church et al., Defendants, and Edward M. Spoth, Daniel Herberger and Germain Krafft, Respondents.

Court of Appeals of the State of New York.

Decided November 21, 1991.


Attorney(s) appearing for the Case

Richard N. Blewett for appellants.

Victor A. Rossetti for Edward M. Spoth, respondent.

Kenneth R. Kirby for Daniel Herberger, respondent.

Lynn D. Gates for Germain Krafft, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The orders of the Appellate Division should be affirmed, with costs. We agree with the Appellate Division that each of the three defendants was entitled to summary judgment as a matter of law because, as covolunteers, they owed no duty to plaintiffs' decedent other than to exercise reasonable care under the circumstances and no evidence in admissible form was adduced sufficient to create an issue of fact as to...

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