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ARIDAS v. CASERTA

41 N.Y.2d 1059 (1977)

Nancy H. Aridas, Appellant, v. Charlene B. Caserta, an Infant, by Her Parent and Guardian, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 3, 1977.

Attorney(s) appearing for the Case

Robert F. Malerba for appellant.

Patrick J. Purcell and Stephen A. Fritz for Charlene E. Caserta, respondent.

Walter G. Evans and Alexander Orr for Elwood Union Free School District No. 1, respondent.

John J. Stewart, Sr., John J. Stewart, Jr., and Edward L. Milde for Long Island Bus Co., Inc., respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

Plaintiff's appeal from so much of the order at the Appellate Division as severed the actions against defendants Charlene B. Caserta, the driver of the automobile that struck plaintiff, and Elwood Union Free School District No. 1 and granted a new trial of plaintiff's claims against them should be dismissed on the court's own motion, without costs, on the ground that that portion of the order does not finally...

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