HAIN v. HEWLETT ARCADE, INC.


40 A.D.2d 991 (1972)

David Hain, Plaintiff, v. Hewlett Arcade, Inc., Defendant and Third-Party Plaintiff-Respondent. John Brunjes, Inc., Third-Party Defendant-Appellant

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

December 11, 1972


Judgment reversed, on the law, without costs, and case remanded to the trial court for a determination fixing the relative degrees of negligence of Hewlett and Brunjes and the percentage of the $3,500 award to be borne by each of said tort-feasors as between themselves. The appeal did not present questions of fact.

Plaintiff brought this action against defendant Hewlett Arcade, Inc., seeking to recover damages for personal injuries sustained when he tripped into a...

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