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MICALE v. DREW

29 A.D.2d 566 (1967)

Anthony Micale, Appellant, v. Charlotte A. Drew et al., Respondents. (Action No. 1.) Mary L. Beatty, as Administratrix of The Estate of Vincent W. Beatty, Deceased, Appellant, v. Charlotte Drew, Respondent. (Action No. 2.) (And another action.)

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

December 29, 1967

No opinion. Appeal by Beatty dismissed, without costs. No brief was filed by her and she did not appear on the call of the calendar.

Rabin and Benjamin, JJ., concur in the dismissal of plaintiff Beatty's appeal, but dissent as to plaintiff Micale's appeal and vote to reverse the judgment as to him and grant him a new trial, with the following memorandum:

Plaintiff Micale was a passenger in a car driven by Vincent Beatty which was involved in a collision with...

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