SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
March 17, 1969
THOMAS LEADEN, INDIVIDUALLY, AND AS ADMINISTRATOR OF THE ESTATE OF ROBERT LEADEN, DECEASED, RESPONDENT,
ROBERT D. PURSELL, APPELLANT
In an action to recover damages for alleged wrongful death, the appeal is from an order of the Supreme Court, Dutchess County, dated March 25, 1968, which denied defendant's motion for summary judgment.
Brennan, Acting P. J., Benjamin, Munder, Martuscello and Kleinfeld, JJ., concur.
In our opinion, under the bizarre circumstances disclosed in this record, plaintiff should not be foreclosed at the summary judgment stage.
Order affirmed, with $10 costs and disbursements.
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