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MERRIMAN v. BAKER

34 N.Y.2d 330 (1974)

Marilee Merriman, Individually and as Mother and Natural Guardian of Christine Carrico, an Infant, et al., Respondents-Appellants, v. George P. Baker et al., as Trustees of the Property of Penn Central Transportation Company, Appellants-Respondents.

Court of Appeals of the State of New York.

Decided June 12, 1974.

Attorney(s) appearing for the Case

William L. Dorr for appellants.

Carl W. Dengel and John L. A. Lyddane for respondents.

Chief Judge BREITEL and Judges JASEN, JONES and RABIN concur with Judge STEVENS; Judges GABRIELLI and WACHTLER dissent in part and vote to affirm on defendants' appeal on the opinion by Mr. Justice RICHARD J. CARDAMONE at the Appellate Division.

STEVENS, J.

These are cross appeals from an order of the Appellate Division which affirmed a judgment in favor of plaintiffs (two Justices dissenting). Plaintiffs cross-appeal solely on the ground that the damages awarded are inadequate. Since the dissent in the Appellate Division was not on a question of law in favor of plaintiffs, the cross appeal does not lie as of right (CPLR 5601, subd. [a], par. [i]).<...

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