SCHAEFER v. KARL


43 A.D.2d 747 (1973)

Margaret Schaefer et al., Appellants, v. Mary Karl et al., Respondents

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

December 31, 1973


Judgment entered June 9, 1971 reversed, on the law and in the interests of justice, and severance of action and new trial granted as to defendant Mary Karl, with costs as between plaintiffs and said defendant to abide the event. Judgment entered December 21, 1970 affirmed, without costs.

In our opinion, the trial court erred in dismissing the complaint as to defendant Karl after the opening statement by plaintiffs' attorney. Although the thrust of his statement was...

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