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Bush v. Brand

Appellate Division of the Supreme Court of New York, Second Department
May 24, 1976
52 A.D.2d 932 (N.Y. App. Div. 1976)

Opinion

May 24, 1976


In an action to recover damages for malpractice by attorneys, plaintiffs appeal from a judgment of the Supreme Court, Nassau County, entered October 7, 1975, which is in favor of defendants upon the trial court's dismissal of the complaint at the close of the plaintiffs' case, at a jury trial. Defendant-respondent Irving Brand died after the taking of this appeal. It has been stipulated by and between the attorneys for the parties that the said death "will in no way be an impediment to the determination * * * of the issues submitted on the appeal." Judgment affirmed, with costs. In our opinion, Trial Term properly determined that plaintiffs had failed to establish a prima facie case (see, generally, McAleenan v Massachusetts Bonding Ins. Co., 232 N.Y. 199; Vooth v McEachen, 181 N.Y. 28). Cohalan, Acting P.J., Margett, Damiani, Rabin and Titone, JJ., concur.


Summaries of

Bush v. Brand

Appellate Division of the Supreme Court of New York, Second Department
May 24, 1976
52 A.D.2d 932 (N.Y. App. Div. 1976)
Case details for

Bush v. Brand

Case Details

Full title:CLINTON G. BUSH et al., Appellants, v. RAY M. BRAND et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 24, 1976

Citations

52 A.D.2d 932 (N.Y. App. Div. 1976)