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WHALEN v. F.J. SCIAME CONSTR. CO., INC.

198 A.D.2d 501 (1993)

604 N.Y.S.2d 174

Robert Whalen et al., Appellants-Respondents, v. F.J. Sciame Construction Co., Inc., Defendant and Third-Party Plaintiff-Respondent-Appellant, and Fordham University et al., Respondents. Duncan Interiors, Third-Party Defendant-Respondent. (And a Fourth-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 29, 1993

Ordered that the order is reversed insofar as appealed from, on the law, the plaintiffs' motion for partial summary judgment as to liability is granted, and the matter is remitted to the Supreme Court, Suffolk County, for a trial as to damages; and it is further,

Ordered that the order is affirmed insofar as cross-appealed from; and it is further,

Ordered that the plaintiffs are awarded one bill of costs, payable by the defendants appearing separately and...

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