CALLINAN v. GEROSA HAULAGE & WAREHOUSE CORP.


28 A.D.2d 533 (1967)

John A. Callinan, Respondent-Appellant, v. Gerosa Haulage & Warehouse Corp. et al., Appellants, and De Voe Ironworks, Inc., Respondent. Consolidated Edison Company of New York, Inc., Third-Party Plaintiff-Respondent, v. Gerosa Haulage & Warehouse Corp., Third-Party Defendant-Appellant

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

May 1, 1967


Findings of fact in the trial court's decision, directing judgment over in favor of the third-party plaintiff Consolidated against the third-party defendant Gerosa, are affirmed, except that as to the amount of the award the pertinent finding of fact is reversed and a new finding is made as indicated herein. In our opinion, the amount of the jury verdict in favor of plaintiff and the trial court's award of damages in the third-party action were excessive to the extent...

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