¶1Judgment 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.
90 A.D.2d 981
McBride v. Bentivegna
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 1982
Appellate Division of the Supreme Court of the State of New York · decided 1982-11-09
Decided 1982-11-09