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SEWAR v. GAGLIARDI BROS.

69 A.D.2d 281 (1979)

Brigette Sewar, by Her Parent and Natural Guardian, Frances L. Barnes et al., Respondents, v. Gagliardi Brothers Service et al., Defendants, and Ridge Road Express, Inc., et al., Appellants. (Appeal No. 1.) Brigette Sewar, by Her Parent and Natural Guardian, Frances L. Barnes et al., Plaintiffs, v. Gagliardi Brothers Service et al., Respondents, and Ridge Road Express, Inc., et al., Appellants. (Appeal No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 13, 1979

Attorney(s) appearing for the Case

Miles, Cochrane, Grosse, Rossetti & Chelus (Sheldon Hurwitz of counsel), for appellants.

James J. Sansone (Stanley Grossman of counsel), for respondents in Appeal No. 1.

Earl, De Lange, May, Lerch & Jones (William H. Earl of counsel), for respondents in Appeal No. 2.

CARDAMONE, J. P. and CALLAHAN, J., concur with SIMONS, J.; HANCOCK, JR., and WITMER, JJ., dissent and vote to reverse the judgment and dismiss complaint in an opinion by HANCOCK, JR., J.

SIMONS, J.

These are appeals from two judgments of Supreme Court entered after jury verdicts of $2,000,000 in favor of the infant plaintiff, Brigette Sewar, for personal injuries, and $60,000 in favor of her mother in the mother's derivative cause of action. Plaintiffs sought damages arising from injuries sustained by Brigette in an accident which occurred as she crossed the intersection of Route 31 and Wilson...

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