BATTLES v. PODSIALDO


45 A.D.2d 969 (1974)

Mary Battles et al., Respondents, v. Vincent Podsialdo et al., Appellants

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

September 30, 1974


Judgment affirmed insofar as it is in favor of plaintiffs Mary Battles, John Battles, and Monica McCabe as executrix of the estate of James McCabe, without costs. Judgment reversed insofar as it is in favor of plaintiff Monica McCabe, on the law, and new trial granted as to her 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, she shall...

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