MEIL v. SYRACUSE CONSTRS.


19 A.D.2d 10 (1963)

Violet R. Meil, Appellant, v. Syracuse Constructors, Inc., et al., Respondents Mary F. Maloney, Appellant, v. Syracuse Constructors, Inc., et al., Respondents Peter Kinane, as Administrator of The Estate of Jeremiah J. Kinane, Deceased, Appellant, v. Syracuse Constructors, Inc., et al., Respondents. James Hayes, Appellant, James Hayes, Appellant v. Syracuse Constructors, Inc., et al., Respondents

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

May 23, 1963.


Attorney(s) appearing for the Case

Shaffer & Leverton (John E. Shaffer of counsel), for Violet R. Meil and another, appellants.

Langan, Kinney & Langan (John P. Kinney of counsel), for Peter Kinane and another, appellants.

Oot, Greene, Setright & Moore (Victor Hershdorfer of counsel), for Syracuse Constructors, Inc., respondent.

Julian W. Edgcomb, County Attorney (Eli Gingold of counsel), for County of Onondaga, respondent.


Per Curiam.

The Trial Justice dismissed these negligence actions as to both defendants at the conclusion of all of the testimony thus deciding that the plaintiffs had failed to make out a cause of action against either defendant as a matter of law.

It is therefore necessary to consider the facts which the jury might have found in favor of plaintiffs, giving plaintiffs...

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