Judgment reversed insofar as appealed from, on the law; and, as to plaintiff's case against the appealing defendants and the above-mentioned cross claim, a new trial is granted, with costs to abide the event, with appropriate severance from plaintiff's case against the nonappealing defendants.
The questions of fact have not been considered. Plaintiff's complaint alleged that defendants Gull and Slattery had created a muddy condition on a parkway service road causing...
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