BIGELOW v. SPEC COMM FLOORS


77 A.D.2d 464 (1980)

Bigelow-Sanford, Inc., Respondent, v. Specialized Commercial Floors of Rochester, Inc., Formerly Known as Gary Eidlin Carpeting, Incorporated, Appellant

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

December 12, 1980


Attorney(s) appearing for the Case

Michael W. Malarney for appellant.

Robinson, Williams & Angeloff (Henry W. Williams of counsel), for respondent.

CARDAMONE, J. P., SIMONS, SCHNEPP and DOERR, JJ., concur.


WITMER, J.

The principal question on this appeal is whether the fact that during the pendency of this action the plaintiff settled a companion action, involving a claim against the plaintiff arising out of the subject matter underlying this action, was properly excluded from evidence on the trial herein. We hold that it was.

Plaintiff is a manufacturer of carpeting. Defendant was low bidder for a contract to install carpeting in a new building...

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