Leary v. Kennedy — 3 A.D.2d 646

Majority

p. 646

Dorothy G. Leary, as Administratrix of the Estate of William Leary, Deceased, Appellant-Respondent, v. James P. Kennedy, Respondent, et al., Defendant, and Rocco Viterna, Appellant-Respondent.

Judgments and orders affirmed, without costs of this appeal to any party. All concur, except Williams, J., who dissents only as to the verdict of no cause of action against defendant Kennedy and votes for a new trial as to Kennedy, on the ground that the verdict in favor of defendant Kennedy is against the weight of evidence. (Appeal by - plaintiff from a judgment of Brie Trial Term for defendant Kennedy for no cause of action in an automobile negligence action. The order denied a motion for a new trial. Also cross appeals by plaintiff and by defendant Viterna from a judgment for plaintiff against defendant Viterna. Defendant Viterna appeals from the order denying his motion for a new trial and plaintiff appeals from the order denying her motion for a new trial on the ground of inadequacy.) Present — McCurn, P. J., Vaughan, Kimball, Wheeler and Williams, JJ.