¶1*640Munder, Acting P. J., Martuscello and Brennan, JJ., concur; Shapiro and Benjamin, JJ., dissent and vote to reverse the order, to grant the motion of plaintiffs Rose for a new trial and to vacate the judgment, with an opinion by Shapiro, J., in which Benjamin, J., concurs. Judgment modified, etc.
36 A.D.2d 638
Rose v. Bailey
Appellate Division of the Supreme Court of the State of New York
Decided February 22, 1971
Appellate Division of the Supreme Court of the State of New York · decided 1971-02-22
Decided 1971-02-22