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LEOTTA v. PLESSINGER

8 A.D.2d 502 (1959)

Mary A. Leotta, Individually and as Administratrix of The Estate of Alfred R. Leotta, Deceased, Respondent, v. Joseph E. Plessinger, Defendant, Harvey B. Hole, Respondent-Appellant, and Riggs Dairy Express, Inc., Appellant Ellen Axtell, Respondent, v. Joseph E. Plessinger, Defendant, Harvey B. Hole, Respondent-Appellant, and Riggs Dairy Express, Inc., Appellant Vida Axtell, Respondent, v. Joseph E. Plessinger, Defendant, Harvey B. Hole, Respondent-Appellant, and Riggs Dairy Express, Inc., Appellant

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

July 9, 1959.

Attorney(s) appearing for the Case

John B. Mowry (Domenick L. Gabrielli of counsel), for Mary A. Leotta, respondent.

Charles P. Knapp for Ellen Axtell and another, respondents.

Gilbert R. Hughes for Riggs Dairy Express, Inc., appellant.

Robert M. Wightman for Harvey B. Hole, respondent-appellant.

Present — KIMBALL, J. P., WILLIAMS, BASTOW, GOLDMAN and HALPERN, JJ.

GOLDMAN, J.

Verdicts were rendered against the defendants Harvey B. Hole and Riggs Dairy Express, Inc., in amounts ranging from $5,000 to $125,000. Thereafter, pursuant to section 264 of the Civil Practice Act a motion by defendant Hole was granted at Trial Term for judgment over against Riggs Dairy Express, Inc. In addition judgments in equal amounts were directed against the defaulting defendant, Joseph E. Plessinger...

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