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McGOVERN v. ATTIE

37 A.D.2d 961 (1971)

Edward McGovern as Guardian ad Litem of Gale E. McGovern, an Infant, et al., Respondents, v. Joseph N. Attie et al., Defendants, and Howard Schalettar et al., Doing Business under the Name of Upper Queens Medical Group, et al., Appellants

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

November 1, 1971

Judgment reversed insofar as appealed from, on the law, without costs; and, as between plaintiffs and the appealing defendants, action severed and new trial granted solely upon the issue of damages.

We have considered the questions of fact and we would not grant a new trial upon those questions. We find that the jury's verdict in favor of the plaintiffs is supported by the proof adduced at the trial (see McGovern v. Attie, 30 A.D.2d 559

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