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DINALLO v. WEINER

12 A.D.2d 637 (1960)

James Dinallo, an Infant, by Eleanor De Chiara, His Guardian ad Litem, et al., Appellants, v. Samuel Weiner et al., Respondents

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

December 14, 1960

Judgment, insofar as it dismisses the complaint as against defendants Weiner and defendant Birdoff, affirmed, without costs. Judgment, insofar as it dismisses the complaint as against defendant Capurso reversed, the action severed, and a new trial granted, with costs to plaintiffs to abide the event.

The complaint was properly dismissed as to defendant Birdoff, as there was a complete absence of proof that he owned the property...

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