VAN PATTEN v. BUYCE


37 A.D.2d 448 (1971)

Clayton Van Patten et al., Appellants, v. Hugh R. Buyce et al., Respondents

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

December 1, 1971.


Attorney(s) appearing for the Case

Robert H. Ecker for appellants.

Maynard, O'Connor & Smith (John A. Murray and Stephen R. Spring of counsel), for respondents.

HERLIHY, P. J., REYNOLDS, GREENBLOTT and SWEENEY, JJ., concur.


COOKE, J.

This is an appeal (1) from a judgment of the Supreme Court in favor of defendants, entered November 23, 1970 in Schoharie County, upon a verdict rendered at a Trial Term, and (2) from an order of said court, entered January 11, 1971, which denied plaintiffs' motion to set aside the verdict.

At about 1:00 A.M. on October 25, 1968, plaintiffs' small frame house, located 12 feet from the pavement...

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