STEVENSON v. WALKER


32 A.D.2d 1048 (1969)

James M. Stevenson, by His Guardian ad Litem, Dorothea Stevenson, et al., Appellants, v. Robert Walker et al., Respondents

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

July 21, 1969


Judgment dated November 1, 1966 reversed, on the law, and, as between plaintiffs and defendant Kilgore, action severed and new trial granted, with costs to appellants to abide the event. No questions of fact were considered. In our opinion plaintiffs established a prima facie case as against defendant Kilgore. It was, therefore, error to dismiss the complaint as to him. Judgment dated December 28, 1966 affirmed, without costs.

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