Bauer v. Sharkey

209 N.E.2d 116, 16 N.Y.2d 631, 261 N.Y.S.2d 74, 1965 N.Y. LEXIS 1328

Opinion

Order modified by reversing, without costs, so much of it as is in favor of plaintiffs against the Town of Babylon and dismissing the complaint as to that defendant, and, as so modified, order affirmed, with costs to plaintiffs against defendant Sharkey. Plaintiffs’ proof does not establish that the negligence, if any, of the Town of Babylon was a proximately producing cause of the accident.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.