RODRIGUEZ v. MARGARET TIETZ CTR. FOR NURSING CARE, INC.


197 A.D.2d 565 (1993)

602 N.Y.S.2d 640

Gary Rodriguez, Respondent, v. Margaret Tietz Center for Nursing Care, Inc., Defendant and Third-Party Plaintiff-Appellant. Restor Technologies, Inc., Third-Party Defendant-Appellant; Kenneth S. Glass et al., Fourth-Party Defendants-Respondents

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

October 12, 1993


Ordered that the judgment is modified, on the facts and as an exercise of discretion, by deleting the first five decretal paragraphs thereof; as so modified, the judgment is affirmed, with costs to the appellants appearing separately and filing separate briefs, payable by the plaintiff, and a new trial is granted on the issue of damages only, unless the plaintiff shall serve and file in the office of the Clerk of the Supreme Court, Queens County, a written stipulation consenting...

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