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WYMAN v. MORONE

33 A.D.2d 168 (1969)

Robert R. Wyman et al., Respondents, v. Anthony F. Morone, Appellant. (Action No. 1.) Ethel Coleman et al., Respondents, v. Anthony F. Morone, Appellant, et al., Defendants. (Action No. 2.)

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

December 18, 1969.

Attorney(s) appearing for the Case

Gordich & Cohen (Bernard Meyerson of counsel), for appellant.

Robert J. Armstrong, Alexander Turchick and James T. Viger for Robert R. Wyman and another, respondents.

Guy C. De Lollo (Tabner & Carlson, by John W. Tabner, of counsel), for Ethel Coleman and another, respondents.

HERLIHY, P. J., REYNOLDS and GREENBLOTT, JJ., concur with STALEY, JR., J.; COOKE, J., concurs in the result in Action No. 1, and dissents in Action No. 2 and votes to affirm, in an opinion.

STALEY, JR., J.

These are appeals (1) from a judgment of the Supreme Court in favor of plaintiffs Robert R. Wyman and Roberta H. Wyman, entered March 19, 1969 in Albany County, and (2) from a judgment of said court in favor of plaintiffs Ethel Coleman and William Coleman, entered February 19, 1969 in Albany County, upon verdicts rendered at a Trial Term, each judgment being against defendant Morone, the jury having rendered a verdict of no cause of action...

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