PARELLO v. CLOVER LEAF TOWERS CORP.


38 A.D.2d 731 (1972)

Frank Parello, Respondent, v. Clover Leaf Towers Corp. et al., Defendants and Third-Party Plaintiffs-Appellants. Underhill Construction Corp., Third-Party Defendant-Respondent

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

January 17, 1972


Judgment modified, on the law, (1) by striking therefrom the first four decretal paragraphs, which are in favor of plaintiff against defendants on the issues of liability and provide for a hearing to assess damages, and (2) by granting a new trial as between said parties, with costs as between them to abide the event. As so modified, judgment affirmed and costs are granted to the third-party defendant against the third-party plaintiffs.

Action severed accordingly...

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