Majority
p. 793Olga Corcoran, Appellant, v. Banner Super Market, Inc., Respondent-Appellant, and Frances J. Phelan et al., as Executors of Margaret L. Kane, Deceased, Respondents. Submitted January 15, 1968; decided February 14, 1968.
Motion to amend remittitur granted. Return of remittitur requested .and, when returned, it will be amended to read as follows: Order modified by reversing so much thereof as affirmed
p. 794
the judgment of Trial Term which dismissed, with costs, the complaint against defendants executors, said judgment vacated and a new trial granted, , with costs to abide the event. As so modified, the order is affirmed, with costs to defendant Banner Super Market, Inc. [See 19 N Y 2d 425 .]
Cases cited
- Corcoran v. Banner Super Market, Inc. 19 N Y 2d 425 p. 794