SIMON v. GOLDBERG


39 A.D.2d 758 (1972)

Jack Simon et al., Appellants, v. Sadie Goldberg, as Administratrix of The Estate of Jerome Speer, Deceased, et al., Respondents

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

May 15, 1972


Judgment modified, on the law and in the interests of justice, by striking therefrom the decretal provisions in favor of plaintiffs against defendant Goldberg, as administratrix, and substituting therefor a provision granting a new trial as between said parties, limited to the issue of damages, with appropriate severance of action. As so modified, judgment affirmed, without costs. Appeal from order, insofar as it affects defendant Pasahow, affirmed, without costs.

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