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WANK v. AMBROSINO

282 A.D. 957 (1953)

Hyman Wank, Public Administrator of The County of Kings, as Administrator of The Estate of Alexander Kosur, Deceased, Appellant, v. Nicholas Ambrosino et al., Respondents

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

November 16, 1953.

No opinion.

Nolan, P. J., and Schmidt, J., dissent and vote to reverse the judgment and to grant a new trial, with the following memorandum:

The complaint was dismissed on the ground that the record was "barren of testimony supporting paragraph 4 of the complaint." That paragraph alleges that plaintiff's intestate was caused to be hit by an automobile operated by defendant Felice L. Ambrosino, while crossing the intersection of Norman Avenue and Manhattan...

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