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FIGUEROA v. KIRMAYER

32 A.D.2d 923 (1969)

Carman Figueroa, as Administratrix of The Estate of Francisco Figueroa, Deceased, et al., Appellants, v. Robert Kirmayer, Respondent

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

July 2, 1969

Judgment affirmed, without costs.

No opinion.

Brennan, J., concurs in affirmance as to plaintiff Cruz, but otherwise dissents and votes to reverse the judgment as to plaintiff Figueroa and to grant a new trial to her upon her causes based on assault only, with the following memorandum:

Defendant shot and killed plaintiff Figueroa's intestate, Francisco Figueroa, and shot and seriously wounded plaintiff Cruz after an altercation in a diner...

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