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FRIEDMAN v. PARK LANE MOTORS

18 A.D.2d 262 (1963)

Abraham Friedman, as Administrator of The Estate of Goldie Friedman, Deceased, Respondent, v. Park Lane Motors, Inc., et al., Appellants

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

April 4, 1963.

Attorney(s) appearing for the Case

Benjamin Heller of counsel (Cymrot & Wolin, attorneys), for appellants.

Benjamin H. Siff of counsel (Benjamin Metviner, attorney), for respondent.

RABIN, J., concurs with McNALLY, J.; VALENTE J., concurs in result; BREITEL, J. P., dissents in opinion in which EAGER, J., concurs.

McNALLY, J.

Defendants sought and were denied leave to serve an amended answer alleging as a second defense that a prior judgment precludes the prosecution of the causes of action herein.

The complaint alleges a claim for personal injuries and one for pecuniary damages resulting from the death of plaintiff's intestate. The alleged injuries and death were consequent...

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