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ALLIED EXCAVATING CORP. v. GRAVES EQUIP. CO., INC.

99 A.D.2d 499 (1984)

Allied Excavating Corp. et al., Appellants, v. Graves Equipment Company, Inc., Defendant and Third-Party Plaintiff-Respondent. Norman Lipack et al., Third-Party Defendants

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

January 16, 1984

Resettled judgment modified, on the law, by deleting the award of costs and disbursements to defendant at Special Term. As so modified, resettled judgment affirmed, without costs or disbursements, and matter remitted to Special Term for entry of an appropriate amended judgment consistent herewith.

Any posttrial recovery of disbursements is dependent on statutory authorization (Marcus v New York City Housing Auth.,...

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