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WRAGGE v. LIZZA ASPHALT CONSTR. CO., INC.

23 A.D.2d 778 (1965)

Katherine T. Wragge, as Administratrix of The Estate of Frederick J. Herholdt, Deceased, Respondent, v. Lizza Asphalt Construction Co., Inc., et al., Defendants, and Approved Sand & Gravel Corp. et al., Appellants. (Action No. 1.) Anthony Marmorale, as Administrator of The Estate of Susan Marmorale, Deceased, Respondent-Appellant, v. Henry Wragge, Respondent, et al., Defendants, and Approved Sand & Gravel Corp. et al., Appellants. (Action No. 2.)

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

April 12, 1965

On appeal by the plaintiff in Action No. 2: Judgment, insofar as appealed from, affirmed, without costs. On appeal by the defendants Approved Sand & Gravel Corp. and Fehr Sand & Gravel, Inc.: Judgments in Actions No. 1 and No. 2, insofar as appealed from, reversed on the law and the facts, without costs, and complaints dismissed, without costs.

Plaintiffs' respective intestates were killed on January 19, 1960 while driving at night, when their automobile ...

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