Cariello v. City of New York

[2448] Separate appeal and cross appeal from the order entered March 24, 1959, denying in part defendants’ motion to dismiss the complaint are dismissed as the said order has been reviewed on the appeal from the judgment decided simultaneously herewith. [2449-2450] In conformity with the views herein expressed, the order entered March 24, 1959 is unanimously modified, and the order entered October 9, 1959 is unanimously reversed on the law. The judgment entered October 28, 1959 is unanimously modified on the law, and the complaint dismissed as to all plaintiffs, and, as so modified, is…