BARRY v. MANGLASS


55 A.D.2d 1 (1976)

Jo-Ann Barry, an Infant by Richard J. Barry, as Parent and Natural Guardian, et al., Respondents, v. Gary A. Manglass et al., Appellants, et al., Defendants Gary A. Manglass et al., Appellants, v. General Motors Corporation, Respondent Robert J. McElroy et al., Respondents, v. Gary A. Manglass et al., Appellants Robert J. McElory et al., Respondents, v. General Motors Corporation, Appellant

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

December 6, 1976


Attorney(s) appearing for the Case

Eugene N. Cavallo, Jr., for Gary A. Manglass and another, for plaintiffs-appellants.

MacDonnell & Calger (Philip Hoffer, Rose L. Hoffer and Peter T. Affatato on the brief), for Gary A. Manglass and another, defendants-appellants.

Simpson Thacher & Bartlett (Roy L. Reardon and Frazer F. Hilder of counsel), for General Motors Corporation.

Richard Narducci (Clarence A. Baracks on the brief), for Robert J. McElroy and others, respondents.

Hurley, Fox & Selig (Ralph S. Joseph of counsel; Harry A. Fox and Leo J. Gutterman on the brief), for Richard J. Barry and others, respondents.

COHALAN, Acting P. J., MARGETT, DAMIANI and TITONE, JJ., concur.


SHAPIRO, J.

In these actions based upon negligence and breach of warranty, the jury awarded the plaintiffs Barry a total of $850,000 and the plaintiffs McElroy a total of $19,635 and fixed the liability of the defendant General Motors at 35% and of the defendants Manglass at 65%. Those defendants appeal from the judgments against them and the Manglasses, as plaintiffs,...

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