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BINGHAM v. BATTISTA

40 A.D.2d 962 (1972)

John S. Bingham et al., Plaintiffs, and Anthony Battista, Respondent, v. Anthony J. Battista et al., Defendants, and Chase Truck Leasing Company et al., Appellants

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

December 7, 1972

Judgment, so far as appealed from, affirmed.

Plaintiff-respondent shall recover of appellants $60 costs and disbursements of this appeal.

McNally and Steuer, JJ., dissent in part and would reverse the judgment so far as appealed from and order a new trial on the issue of damages, with costs to abide the event, unless the plaintiff-respondent, within 20 days of service upon him by the appellants of a copy of the order...

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