KLINGER v. DUDLEY


49 A.D.2d 693 (1975)

Lora H. Klinger, Individually and as Administratrix of The Estate of Richard B. Klinger, Deceased, Appellant-Respondent, v. Jerry Dudley et al., Defendants and Third-Party Defendants-Appellants. Wayne Cookson et al., Respondents; Frank Leone, Defendant-Appellant and Third-Party Plaintiff-Appellant. Steven F. Smith et al., Third-Party Defendants-Appellants; Donald Hammond et al., Third-Party Defendants-Respondents. (Appeal No. 1.)

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

July 18, 1975


Judgment unanimously modified, on the law, in accordance with memorandum and as modified affirmed, without costs.

Memorandum:

The evidence in this negligence action presented questions of fact as to liability and damages and we find no grounds for reversal as to either. The judgment of May 9, 1974 must be modified in the second and third ordering paragraphs to provide that payment of the judgments against the third-party defendants is conditioned upon defendant...

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