DIAMOND INT'L CORP. v. Little Kildare, Inc.

22 N.Y.2d 819 (1968)

Diamond International Corporation, Respondent,

v.

Little Kildare, Inc., Appellant.

Court of Appeals of the State of New York.

Argued April 15, 1968.

Decided June 14, 1968.

Lawrence Conboy for appellant.

Adam R. Palmer for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Judge KEATING dissents in part and votes to reverse and to grant a new trial at which the plaintiff would have the opportunity to seek an amendment of its complaint and, if granted, to offer further proof to support a finding that the road in question has become a public…