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KIRK v. KIERNAN

21 N.Y.2d 770 (1968)

Mary Kirk, Appellant, et al., Plaintiff, v. Patricia Kiernan, Respondent.

Court of Appeals of the State of New York.

Decided January 18, 1968.

Attorney(s) appearing for the Case

John F. Haggerty for appellant.

Lillian E. Cuff and George J. Conway for respondent.

Concur: Judges BURKE, BERGAN, KEATING and BREITEL. Chief Judge FULD and Judges SCILEPPI and JASEN dissent and vote to affirm.

Order reversed and a new trial granted with costs to abide the event, on the ground that an issue of fact was presented for the jury...

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