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ELLMAN v. MENDELOWITZ

43 A.D.2d 686 (1973)

Roger Ellman et al., Appellants, v. Herbert Mendelowitz et al., Respondents

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

December 11, 1973

Nunez, J. P., dissents in the following memorandum:

I would reverse and order a new trial. Willie Rose was a nominal defendant but a key witness for his employer and for a codefendant in this personal injury negligence action tried to a jury on the issue of liability only, and resulting in a verdict in defendants' favor. The infant plaintiff was injured when struck by a taxicab. Plaintiffs claim that the infant plaintiff had been requested by Willie Rose...

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