Opinion
Submitted November 19, 1968
Decided January 15, 1969
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, NATHAN R. SOBEL, J.
E. Edan Spencer and Walter Feller for appellant.
Louis B. Scheinman for respondent.
Order reversed, without costs, and complaint dismissed on the dissenting opinion at the Appellate Division.
Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN and BREITEL. Judges BURKE, KEATING and JASEN dissent and vote to affirm upon the ground that the jury was warranted in finding that defendant was negligent in failing to maintain the basketball court in a reasonably safe manner for the anticipated use of the resort hotel guests.