Opinion
September 13, 1967
Motion by appellant Paul A. Towber in action No. 3 for resettlement of order of this court dated July 5, 1966 and amendment of remittitur granted as follows: The decision of this court dated July 5, 1966 ( 26 A.D.2d 628) is amended, with respect to so much of the decretal provision therein as determined this appellant's appeal from the portion of the judgment which dismissed his complaint in action No. 3, to read as follows: "(2) reversed on the law, insofar as it dismissed the plaintiff Paul A. Towber's complaint against defendant Edward A. McAdams in action No. 3; the jury's special verdict on question No. 4 set aside; the issues of liability in said action No. 3 are determined in favor of said plaintiff against defendant Edward A. McAdams; and said action No. 3 severed and remanded to the trial court for further proceedings, with costs to said plaintiff against said defendant". Order of this court dated July 5, 1966 resettled and remittitur amended accordingly. Christ, Acting P.J., Brennan, Rabin and Hopkins, JJ., concur.