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Kaplan v. Utica Hill Crest Manor Corp.

26 A.D.2d 895 Court N.Y. App. Div. Decision date 1966-10-20 English

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p. 895
Gerald Kaplan, as Guardian ad Litem of Leone Kaplan, an Infant, et al., Respondents, v. Utica Hill Crest Manor Corp., Defendant-Appellant and Third-Party Plaintiff-Appellant. John Sullivan, Doing Business as Sullivan and Connaughton, Third-Party Defendant-Respondent.

Judgment affirmed, with costs. All concur, except Williams, P. J., who dissents and votes to reverse and to dismiss the complaint. (Appeal from judgment of Oneida Trial Term for plaintiffs in a negligence action; also appeal by third-party plaintiff from judgment in favor of third-party defendant dismissing third-party complaint.) Present — Williams, P. J., Bastow, Goldman, Henry and Marsh, JJ.