OREFICE v. SINGER


36 A.D.2d 859 (1971)

Sarah Orefice et al., Respondents, v. Magda Singer et al., Defendants, and John Benante, as Administrator of The Estate of Fred Benante, Deceased, Appellant

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

April 26, 1971


Order, insofar as appealed from, reversed on the law and in the interests of justice; and, as between plaintiffs and appellant, action severed and new trial ordered with costs to appellant to abide the event.

In our opinion, there was such a paucity of evidence adduced as to the manner in which the accident happened as to require a new trial in the interests...

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