Full text
Anna McNulty v. John Zaganos, Impleaded with George LeMar, Doing Business under the Trade Name of Inwood Motor Sales Company, Defendant Annie McNulty v. John Zaganos, Impleaded with George LeMar, Doing Business under the Trade Name of Inwood Motor Sales Company, Defendant Daniel McNulty v. John Zaganos, Impleaded with George LeMar, Doing Business under the Trade Name of Inwood Motor Sales Company
Opinions in this case
- Majority — Peb
- Dissent — Martin
Peb Curiam.
Although the original answers were superseded by amended answers, they constituted evidence of ownership by the defendant Zaganos of the automobile involved in the accident. (Weil v. Weil, 227 App. Div. 378; Vermeule v. City of Corning, 186 id. 206; affd., 230 N. Y. 585.)
The judgments in so far as appealed from by the plaintiffs should be reversed, the actions severed and a new trial granted to said plaintiffs as against the defendant John Zaganos, with costs to said plaintiffs-appellants to abide the event.
Townley, Glennon, Untebmyeb and Dobe, JJ., concur; Martin, P. J., dissents and votes for affirmance.