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OSBORNE v. MILLER

38 A.D.2d 298 (1972)

Kurt J. Osborne et al., Respondents, v. Benjamin Miller, Appellant, and General Motors Corporation, Respondent

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

February 10, 1972.

Attorney(s) appearing for the Case

Bernard Botein of counsel (Benjamin H. Siff and Thomas R. Newman with him on the brief; Tropp, Goldfinger & Berson, attorneys), for appellant.

Jacob D. Fuchsberg of counsel (Donald Miller and Murray L. Lewis with him on the brief; Fuchsberg & Fuchsberg, attorneys), for Kurt J. Osborne and another, respondents.

Roy L. Reardon of counsel (Ross L. Malone and James P. Barrett with him on the brief; Simpson Thacher & Bartlett, attorneys), for General Motors Corporation, respondent.

Jacob Goodman of counsel (Fanelli, Otto & Bosco, attorneys), for Harry R. Wheeler, respondent.

STEVENS, P. J., McNALLY and MACKEN, JJ., concur in Per Curiam opinion; McGIVERN, J., dissents in an opinion, in which KUPFERMAN, J., concurs.

Per Curiam.

In this personal injury action, defendant Miller appeals from a judgment aggregating $845,628.22 entered in favor of plaintiffs against him after a split jury trial.

Defendant's appeal also brings up for review an intermediate order which granted the Osborne plaintiffs' motion, after liability issues had been tried, to amend their complaint to increase...

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