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LUGERT v. COHEN

303 N.Y. 642 (1951)

George A. Lugert, Appellant and Respondent, v. Sam Cohen et al., Respondents, and William C. Hawver, Jr., as Guardian ad Litem of Joseph S. Hawver, Appellant. Barbara E. Lugert, Appellant and Respondent, v. Sam Cohen et al., Respondents, and William C. Hawver, Jr., as Guardian ad Litem of Joseph S. Hawver, Appellant.

Court of Appeals of the State of New York.

Decided October 19, 1951

Attorney(s) appearing for the Case

William E. J. Connor for George A. Lugert and another, appellants-respondents.

R. Waldron Herzberg and R. Monell Herzberg for William C. Hawver, Jr., appellant.

John J. Scully for Sam Cohen, respondent.

Bruce R. Sullivan for Senak Co., respondent.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.

Judgments of the Appellate Division, insofar as they affirmed the judgments in favor of plaintiffs against the defendant Hawver, Jr., affirmed, with costs to the plaintiffs. Judgments of the Appellate Division, insofar as they reversed the judgments of the Trial Term and dismissed the complaints as to the defendants Cohen and Senak Co., reversed upon the ground that there was evidence of negligence upon the part of those defendants...

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