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MARTY v. FALK

19 A.D.2d 727 (1963)

Angelica Marty et al., as Administrators of The Estates of Delia Lopez and Others, Deceased, and as General Guardian of Huberto Lopez, Jr., an Infant, Appellants, v. Edward E. Falk, Individually and as Administrator of The Estate of Nuchem Falk et al., Defendants, and Brooklyn Union Gas Company, Respondent

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

July 1, 1963

Judgment, insofar as appealed from, reversed on the law and the facts; new trial granted as between plaintiffs and the defendant Gas Company, with costs to plaintiffs to abide the event; and action severed as against the other named defendants.

In our opinion, under the unusual circumstances contained in this record, the plaintiffs, in the interests of justice, should be afforded a new trial and the opportunity to present...

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