OPPENHEIM v. TRAVELERS INS. CO.


90 A.D.2d 515 (1982)

Richard A. Oppenheim et al., Appellants, v. Travelers Insurance Company et al., Respondents, et al., Defendants

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

October 18, 1982


Order reversed, motion granted and the judgment is vacated insofar as it is in favor of defendants Travelers Insurance Company and the Nelson Co., and as between plaintiffs and said defendants, the action is severed and a new trial is granted, with costs to abide the event. The appeal from the judgment is dismissed as academic in light of the aforesaid determination.

The newly discovered evidence submitted on plaintiffs' motion to vacate the judgment insofar as it is in favor of Travelers Insurance Company and the Nelson Co. was sufficient to require a vacatur of the judgment as against those defendants and a direction for a new trial.


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