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OWENS v. PALM TREE NURSING HOME, INC.

89 A.D.2d 619 (1982)

Walter Owens et al., Respondents-Appellants, v. Palm Tree Nursing Home, Inc., et al., Defendants, and Patent Scaffolding Co., Inc., Defendant and Third-Party Plaintiff-Appellant-Respondent. Ralph Perri, Inc., Third-Party Defendant-Respondent

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

July 26, 1982

Cross appeals from the order dismissed (see Matter of Aho, 39 N.Y.2d 241, 248). Judgment modified, on the law, by reinstating the first, third and fourth causes of action of plaintiffs' amended complaint, the third-party complaint against Ralph Perri, Inc., and the cross claims by and between the respective parties. As so modified, judgment affirmed, and a new trial is granted with respect to the reinstated claims, with costs to...

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