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BRERETON v. McEVOY

44 A.D.2d 594 (1974)

Sally Brereton, as Administratrix of The Estate of John S. Brereton, Jr., Deceased, Respondent, v. John T. McEvoy, Jr., et al., Defendants, and Headline Restaurant, Inc., et al., Appellants

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

March 25, 1974

Order reversed, on the law, and new trial granted as against the appealing defendants on all issues, with costs to abide the event.

The questions of fact were not raised by appellants, and were not considered, on this appeal. On December 31, 1966 at about 3:00 A.M., the decedent, his brother Thomas Brereton and his friend Robert Carnivale went to St. Mary's Hospital in Bayonne, New Jersey, for emergency treatment of personal injuries they then stated they had sustained...

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