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  5. 62 N.Y.2d 664 (1984)
 

GLIELMI v. TOYS "R" US, INC.

62 N.Y.2d 664 (1984)

Angelo Glielmi et al., Respondents, v. Toys "R" Us, Inc., et al., Respondents. Toys "R" Us, Inc., Third-Party Plaintiff-Respondent, v. Melito Construction Corporation, Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided May 1, 1984.

Attorney(s) appearing for the Case

E. Richard Rimmels, Jr., and Bruno Von Lorenz for appellant.

Michael Conforti and Peter James Johnson for plaintiffs-respondents.

Roger P. McTiernan, Jr., and Kathryn Deborah Nealon for defendants-respondents and third-party plaintiff-respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The factual setting out of which this appeal arises is described in the memorandum opinion at the Appellate Division (94 A.D.2d 663). We respond to the legal contentions advanced by appellant contractor in our court.

The jury was charged that the owner-trustees and the tenant were to be considered...

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