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HOLDEN v. ALEXANDER

39 A.D.2d 476 (1972)

Earl R. Holden, as Administrator of The Estate of Terry Holden, Deceased, Appellant, v. Charlotte Alexander, Respondent, et al., Defendant

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

October 24, 1972.

Attorney(s) appearing for the Case

Gilman & Gilman (Benjamin Fried of counsel), for appellant.

Schleider & Owen (Joseph G. Owen of counsel), for respondent.

MUNDER, Acting P. J., GULOTTA and CHRIST, JJ., concur; BENJAMIN, J., dissents and votes to affirm.

LATHAM, J.

In this action for damages for the wrongful death and pain and suffering of the plaintiff's intestate, the plaintiff administrator appeals from an order of the Special Term in Orange County which granted a motion by defendant Charlotte Alexander to dismiss the first cause of action, for wrongful death, on the ground that the complaint fails to state a cause of action. The principal issue, which appears...

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