CARROLL v. ROMAN CATHOLIC DIOCESE OF ROCKVILLE CTR.


26 A.D.2d 552 (1966)

Ernest Carroll, Respondent-Appellant, v. Roman Catholic Diocese of Rockville Centre, Defendant, and Pellicio Bros., Inc., Appellant-Respondent. (And a Third-Party action.)

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

June 13, 1966


Appeal from that portion of the order directing a new trial on the question of damages dismissed, without costs as academic, in view of the determination on plaintiff's appeal. On plaintiff's appeal, order reversed, insofar as appealed from, on the law and the facts, with costs, verdict reinstated and matter remitted for the entry of judgment in plaintiff's favor accordingly.

Plaintiff, a volunteer fireman, 35 years of age at the time of the accident, was injured...

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