BATOUL HERBERT ET AL., APPELLANTS, v. MORGAN DRIVE-A-WAY, INC. ET AL.,
RESPONDENTS, ET AL., DEFENDANT. (ACTION NO. 1) / MOLLICONE v. MILLER (ACTION
NO. 2)
85 N.Y.2d 895, 650 N.E.2d 1316, 627 N.Y.S.2d 315 (1995).
March 30, 1995
3 No. 180 SSM 7 (1995 NY Int. 077)
Decided March 30, 1995
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Cynthia Feathers, for Appellants.
Preclusion order entered, for Respondents.
* * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.4 of the Rules,
order, insofar as appealed from, reversed, with costs, motion by
defendants Morgan Drive-A-Way, Inc. and Errol K. Miller for summary
judgment dismissing the complaint of plaintiffs Batoul Herbert and
Donald Herbert as against them in Action No. 1 denied and certified
question answered in the affirmative for the reasons stated in the
dissenting memorandum of Justice Paul J. Yesawich, Jr. at the
Appellate Division (202 AD2d 886, at 888-889). Chief Judge Kaye and
Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
SNIPPETS:
BATOUL HERBERT ET AL., APPELLANTS, v. MORGAN DRIVE-A-WAY, INC. ET AL., RESPONDENTS, ET AL.,
/ MOLLICONE v. MILLER (ACTION
This memorandum is uncorrected and subject to revision before publication in the New York
Submitted by Cynthia Feathers, for Appellants.
Preclusion order entered, for Respondents.
On review of submissions pursuant to section 500.4 of the Rules, order, insofar as appealed
at the Appellate Division (202 AD2d 886,
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
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