ELLWANGER v. WHITEFORD


15 A.D.2d 898 (1962)

Veronica Ellwanger, as Administratrix of The Estate of Joseph F. Ellwanger, Jr., Deceased, Respondent, v. William Whiteford, Jr., Defendant, Gold Coast Realty Corp. et al., Appellants, and Grand Iron Works, Inc., et al., Appellants-Respondents

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

March 20, 1962


Judgment unanimously modified on the law and on the facts to the extent of dismissing the complaint against all the defendants and dismissing all the cross complaints as being academic and as so modified, affirmed.

Costs to the appellants only as against the plaintiff-respondent. We find that there was no negligence on the part of any of the defendants. In any event the death of plaintiff's intestate was not proximately caused by any of their acts. Even were we not...

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