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VASTOLA v. MAER

48 A.D.2d 561 (1975)

James Vastola, Individually and as Administrator of The Estate of James Vastola, III, Deceased, Respondent, v. Richard Maer et al., Appellants

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

July 14, 1975

Attorney(s) appearing for the Case

Evans, Orr, Pacelli, Norton & Laffan, P. C. (Walter G. Evans and Alfred V. Norton, Jr., of counsel), for Richard Maer and another, appellants.

Gordich, Cohen & DeLucia (Bernard Meyerson of counsel), for Shelia Francis and another, appellants.

Costantino & Napolitano (Peter J. Napolitano of counsel), for respondent.

COHALAN and BRENNAN, JJ., concur with RABIN, Acting P. J.; MARTUSCELLO, J., dissents and votes to reverse and deny the motion in an opinion, in which MUNDER, J., concurs.

RABIN, Acting P. J.

The defendants appeal from an order of the Supreme Court, Richmond County, which granted the plaintiff's motion to remove the case from the Civil Court of the City of New York to the Supreme Court, Richmond County, to amend the complaint to set forth a cause of action for wrongful death and to increase the amount of damages requested. The order should be affirmed, with $20 costs and disbursements...

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