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McBride v. Bentivegna

90 A.D.2d 981 Court N.Y. App. Div. Decision date 1982-11-09 Docket Appeal No. 2 English

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p. 981
George M. McBride, as Administrator of the Estate of Deborah McBride, Deceased, Respondent, v Michael Bentivegna, Defendant, and Russell W. Lockwood et al., Appellants.
(Appeal No. 2.)

Judgment reversed, on the law and facts, without costs, and new trial granted. Same memorandum as in McBride v Cantero (Appeal No. 1) ( 90 AD2d 979 ). All concur, except Schnepp, J., who dissents and votes to affirm, in the same dissenting memorandum as in McBride v Cantero (Appeal No. 1) ( 90 AD2d 979 ). (Appeal from judgment of Supreme Court, Monroe County, Bryant, J. — wrongful death action.) Present — Simons, J. P., Hancock, Jr., Doerr, Moule and Schnepp, JJ.