SCHNEIDER v. ALLING


30 A.D.2d 563 (1968)

Linda Schneider et al., Appellants, v. Wilbur Alling, III, et al., Respondents

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

May 20, 1968


Modified, on the law, by striking out the second decretal paragraph and inserting in lieu thereof a provision severing the action, and granting a new trial, as against defendant Alling. As so modified, judgment affirmed, with costs as between appellants and respondent Alling to abide the event of the new trial. No questions of fact were considered.

In our opinion, it was error to dismiss the complaint on the ground that the injured plaintiff, Linda Schneider, was...

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