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  5. 20 A.D.2d 318 (1964)
 

DOYLE v. DAPOLITO

20 A.D.2d 318 (1964)

Richard James Doyle, an Infant, by Richard John Doyle, His Guardian, et al., Respondents, v. Maria Dapolito et al., Appellants. (Action No. 1.) Leonard Boughton, Appellant, v. Angelo Dapolito et al., Respondents. (Action No. 2.)

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

February 27, 1964.

Attorney(s) appearing for the Case

Winchell, Goldwater & Connors (Richard H. Connors and Paul K. Lange of counsel), for Leonard Boughton, appellant.

William A. Specht for Angelo Dapolito and another, appellants in Action No. 1 and respondents in Action No. 2.

John B. McCrory and Harold J. Stiles for Richard James Doyle and another, respondents.

BASTOW and DEL VECCHIO, JJ., concur with NOONAN, J.; WILLIAMS, P. J., dissents and votes to affirm, in an opinion in which GOLDMAN, J., concurs.

NOONAN, J.

The defendants, Dapolito and Boughton, appeal from a judgment based on a jury verdict which awarded damages in favor of each of the plaintiffs, Doyle. The plaintiff, Boughton, also appeals from a judgment dismissing his complaint against the defendants, Dapolito, based on a jury verdict in their favor of no cause of action.

The only claim of the defendant, Boughton, is that the cross-examination...

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