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TOSCANO v. ESTATE OF BIANCO

45 A.D.2d 865 (1974)

Anthony Toscano, Individually and as Father of Claire R. Toscano, an Infant, Appellant, v. Estate of Antonio Bianco, Deceased, Respondent, et al., Defendants

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

July 15, 1974

Judgment and order affirmed, with one bill of costs.

No opinion.

Hopkins, Acting P. J., dissents and votes to reverse and to reinstate the jury verdict in favor of plaintiff, with the following memorandum, in which Munder, J., concurs:

The trial court granted a motion by defendant estate of Antonio Bianco to set aside the jury's verdict against it and defendant Johnson on the ground that plaintiffs had failed to establish actionable negligence...

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