NOLAN v. WEBBER


53 A.D.2d 663 (1976)

Margaret Nolan, Individually and as Administratrix of The Estate of Christopher J. Nolan, Deceased, et al., Respondents, v. Robert L. Webber, Appellant

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

June 21, 1976


Amended judgment affirmed insofar as appealed from and order affirmed, with costs to abide the event.

A new trial is required because of the trial court's refusal to charge the jury in accordance with the principles set forth in Pfaffenbach v White Plains Express Corp. (17 N.Y.2d 132).

We do not consider the issue raised by plaintiffs, as cross-appellants, because a cross appeal has not been properly...

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