LOGAN v. ESTERLY


41 A.D.2d 647 (1973)

James B. A. Logan, Sr., et al., Plaintiffs, and James B. A. Logan, Jr., et al., Respondents, v. Frances B. Esterly, as Executrix of Andrew Esterly, Deceased, et al., Appellants, and City of New York, Appellant-Respondent

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

February 5, 1973


Judgment reversed, on the law, and new trial granted as between plaintiffs James B. A. Logan, Jr., and Celeste Logan, nee De Angelo, and defendants and upon the cross complaint of defendant City of New York against defendants Gull Contracting Co., Inc., and Mac Asphalt Construction Corp., solely on the issue of damages, unless, within 30 days after entry of the order to be made hereon, said plaintiffs shall serve, and file in the office of the clerk of the trial court, a...

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