RETTIG v. NOLAN


15 A.D.2d 963 (1962)

Agnes Rettig, Respondent, v. Thomas Nolan et al., Defendants, and Frederick Wallrapp et al., Appellants

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

March 26, 1962


Order affirmed, without costs.

No opinion.

Christ and Hopkins, JJ., dissent and vote to reverse the order denying said defendants' motion for summary judgment, to sever the action as to said defendants and to grant the motion, with the following memorandum:

The facts are not in dispute and are based solely on the testimony of plaintiff on an examination before trial. The plaintiff, a woman 68 years of age, was walking along a public sidewalk abutting...

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