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PETERS v. GERSCH

32 A.D.2d 122 (1969)

Claire E. Peters, Respondent, v. Alfred Gersch, Appellant, and Jack V. Nearing, Respondent. (Action No. 1.) Jack V. Nearing, Respondent, v. Alfred Gersch, Appellant. (Action No. 2.) Alfred Gersch et al., Appellants, v. Jack V. Nearing et al., Respondents. (Action No. 3.)

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

May 27, 1969.

Attorney(s) appearing for the Case

Levene, Gouldin & Thompson (Paul C. Gouldin of counsel), for Alfred Gersch, appellant in Actions Nos. 1 and 2.

Cooke & McBride (John S. McBride of counsel), for Claire E. Peters, respondent in Action No. 1.

Alfred Schleider for Jack V. Nearing, respondent in Actions Nos. 1 and 3 and Claire E. Peters, respondent in Action No. 3.

Levine, Williams & Newman (Marvin A. Newman of counsel), for respondent in Action No. 2.

Richard H. Farley for appellants in Action No. 3.

GIBSON, P. J., STALEY, JR., and GREENBLOTT, JJ., concur with HERLIHY, J.; REYNOLDS, J., dissents and votes to reverse and order new trials, in an opinion.

HERLIHY, J.

This is an appeal in Actions No. 1 and No. 2 from judgments of the Supreme Court in favor of the plaintiffs, entered May 20, 1968, in Delaware County, upon a verdict rendered at Trial Term, and from orders of said court entered June 17, 1968, which denied defendant's motions for judgment notwithstanding the verdict and for a new trial, and an appeal in Action No. 3 from a judgment for the defendants...

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