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LORI-KAY GOLF, INC. v. LASSNER

93 A.D.2d 857 (1983)

Lori-Kay Golf, Inc., Appellant, et al., Plaintiff, v. Michael Lassner et al., Defendants, and Robert H. Finkelstein, Defendant and Third-Party Plaintiff-Respondent-Appellant. Town of Ramapo, Respondent. United States Fidelity & Guaranty Company, Respondent-Appellant; Maurice Phillips et al., Third-Party Defendants-Respondents

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

April 18, 1983

Judgment modified, on the law, by deleting the third decretal paragraph thereof and substituting therefor the following: "Ordered and adjudged that plaintiff Lori-Kay Golf Club, Inc.'s action against defendant Town of Ramapo is severed and a new trial is granted as between the two." As so modified, judgment affirmed, insofar as appealed from, without costs or disbursements.

A prima facie case was made out against the Town of Ramapo. Assuming, as we must, the truth...

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