O'CONNOR v. SERGE ELEVATOR CO.


58 N.Y.2d 655 (1982)

Sean O'Connor, Plaintiff, v. Serge Elevator Co., Respondent, et al., Defendant, and K. W. Construction Corp., Defendant and Third-Party Plaintiff-Appellant. A & M Wallboard, Inc., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided November 18, 1982.


Attorney(s) appearing for the Case

Joseph D. Ahearn, J. Robert Morris and Michael Majewski for third-party plaintiff-appellant.

Douglas A. Boeckmann for respondent.

Steven B. Prystowsky for third-party defendant-respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The appeal by K. W. Construction Corp. (K. W.) as against Serge Elevator Company (Serge) is dismissed, with costs, on the ground that K. W. is not a party aggrieved by so much of the order as granted K. W. a new trial against Serge. On K. W.'s appeal as against A & M Wallboard, Inc. (A & M), the order of the Appellate Division should be reversed, with costs, and judgment granted in favor of K. W. against...

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