WALTER v. AUSLANDER


42 A.D.2d 724 (1973)

Estelle Walter, as Administratrix of The Estate of Linda J. Walter, Deceased, et al., Respondents-Appellants, v. Herman O. Auslander, Respondent, and Virginia M. Parsloe et al., Appellants

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

July 2, 1973


Judgment reversed on the law and the facts, and a new trial granted, with costs to abide the event. Appeal from order dismissed, as academic.

In our opinion, the jury's verdict was against the weight of the evidence adduced, insofar as it exculpated the codefendant Auslander from liability. At about 4:30 A.M. on January 30, 1966, defendant Bertram A. Parsloe was operating an automobile in which the intestate Linda Jean Walter was a passenger. The Parsloe vehicle collided...

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