WHITELY v. LO BUE


30 A.D.2d 552 (1968)

Roberta Whitely et al., Individually and as Natural Guardians of William Whitley and Another, Respondents, v. Andrew Lo Bue et al., Appellants

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

May 13, 1968


Order dated September 8, 1967, reversed insofar as appealed from, on the law, without costs, and plaintiffs' motion denied.

Order dated July 31, 1967 dismissed, without costs. The order was superseded by the order dated September 8, 1967, which granted reargument.

In our opinion, the issues in this action should be tried and determined by a jury (see Pfaffenbach v. White Plains Express Corp., 17 N.Y.2d 132; Rosenthal...

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