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KELLY v. LONG ISLAND LIGHTING CO.

36 A.D.2d 822 (1971)

Willis Kelly et al., Respondents, v. Long Island Lighting Co., Appellant; Herrick Manor, Inc., Defendant and Third-Party Plaintiff-Respondent-Appellant, et al., Defendants, et al., Third-Party Defendant

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

April 5, 1971

Judgment affirmed insofar as appealed from, with a single bill of costs to plaintiffs against appellants jointly.

No opinion.

Benjamin, J., concurs in part and dissents in part, as indicated in the following memorandum:

I agree that plaintiffs' judgment against defendants Long Island Lighting Co. and Herrick Manor, Inc., should be affirmed. I also agree that the cross complaint of Long Island Lighting Co. against Herrick Manor, Inc., was...

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