Dillon v. Magner

Defendants (the son and daughter-in-law of plaintiff’s testatrix) appeal, as limited by their briefs, from.so much of a judgment of the Supreme Court, Queens County, dated July 5, 1967, as is in favor of plaintiff against them, after a non jury trial. Judgment reversed insofar as appealed from, on the law and the facts, without costs; complaint dismissed as to defendant Dorothy E. Magner, without costs; and new trial on the limited issue of damages on the first cause of action granted as against defendant James P. Magner, with severance of said cause as to him. The decedent and her son,…