LEVO v. GREENWALD


107 A.D.2d 991 (1985)

Rocco Levo et al., Respondents, v. Martha B. Greenwald, Defendant and Third-Party Plaintiff-Respondent, et al., Defendant, and Roy C. Claydon et al., Third-Party Defendants. Charles Diggins, Third-Party Defendant-Appellant

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

January 31, 1985


At issue on this appeal is whether the trial court abused its discretion when it granted the motion of defendant Martha B. Greenwald (hereafter defendant) to set aside a verdict of no cause of action on the third-party claim against Charles Diggins (hereafter third-party defendant) and ordered a new trial. The trial court concluded that a new trial was required since it had erred during the trial in precluding defendant from attempting to impeach the third-party defendant...

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