DI CARLO v. FORD MOTOR CO.


65 A.D.2d 597 (1978)

Mary Di Carlo, as Administratrix of The Estate of Biaggio Di Carlo, Deceased, et al., Respondents, v. Ford Motor Company, Appellant. (And a Third-Party Action.)

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

October 23, 1978


Order modified, on the law, by adding to the end of the fourth decretal paragraph thereof the following: "except that the third cause of action, sounding in nuisance, is stricken." As so modified, order affirmed insofar as appealed from, with $50 costs and disbursements to plaintiffs.

Special Term properly granted plaintiffs' motion to amend the complaint. The original complaint alleged that defendant, Ford Motor Company, negligently manufactured a tractor which tipped...

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