McBride v. Bentivegna (90 A.D.2d 981, 1982)

Judgment reversed, on the law and facts, without costs, and new trial granted. Same memorandum as in McBride v Cantero (Appeal No. 1) (90 AD2d 979). All concur, except Schnepp, J., who dissents and votes to affirm, in the same dissenting memorandum as in McBride v Cantero (Appeal No. 1) (90 AD2d 979). (Appeal from judgment of Supreme Court, Monroe County, Bryant, J. — wrongful death action.) Present — Simons, J. P., Hancock, Jr., Doerr, Moule and Schnepp, JJ.