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THORP v. MAKUEN

73 A.D.2d 617 (1979)

Marion Thorp, Appellant-Respondent, v. Charlotte Makuen, Defendant, and Floyd Makuen, Defendant and Third-Party Plaintiff-Respondent-Appellant. Linda Thorp, Third-Party Defendant

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

December 10, 1979

Order dated January 30, 1979 reversed, on the law, and motion to vacate the order of mistrial granted; order entered December 28, 1979 vacated and verdict reinstated; case remanded to the Supreme Court, Orange County, for a trial on damages. Interlocutory judgment affirmed. Cross appeals from the order entered December 29, 1978 dismissed in light of the determination on the appeal from order dated January 30, 1979.

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