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MELVIN v. BERRY

42 A.D.2d 585 (1973)

Andrew C. Melvin, Jr., et al., Respondents, v. Thomas Berry et al., Appellants, and Robert Ware, Defendant. (Action No. 1.) Robert Ware, Respondent, v. Kincar Auto Corp. et al., Appellants. (Action No. 2.)

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

June 11, 1973

Judgment affirmed insofar as it is in favor of plaintiffs Claytee Melvin and Robert Ware, with costs to Robert Ware against appellants. Judgment reversed insofar as it is in favor of plaintiff Andrew C. Melvin, Jr., on the law, and new trial granted as to his cause of action solely on the issue of damages, with appropriate severance of action and with costs to abide the event, unless, within 30 days after entry of the order to be made hereon, he shall serve and file in the...

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