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KELLEY v. HITZIG

86 Misc.2d 42 (1973)

Mary E. Kelley, Respondent, v. Saartje H. Hitzig, Appellant and Third-Party Plaintiff. American Airlines, Inc., Third-Party Defendant-Appellant.

Supreme Court, Appellate Term, Second Department.

July 16, 1973

Attorney(s) appearing for the Case

Benjamin M. Gottesfeld and John J. Leonard for appellant. John J. Lynch for respondent.

Concur: HOGAN, P.J., PITTONI and McCULLOUGH, JJ.

MEMORANDUM.

Judgment of the court below (see 71 Misc.2d 329) is affirmed, without costs.

The evidence was sufficient to support the finding of negligence on the part of defendant. (See Shuffian v Garfola, 9 A.D.2d 910.) While we are not in complete agreement with the trial court's rationale in holding third-party defendant liable, the...

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