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SMITH v. HOOKER CHEM. & PLASTICS CORP.

125 A.D.2d 944 (1986)

Robert Smith, Respondent, v. Hooker Chemical & Plastics Corp., Respondent and Third-Party Plaintiff-Respondent. Steel Contracting Corporation, Third-Party Defendant-Appellant

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

December 19, 1986

Judgment unanimously reversed, on the law, and new trial granted on the issue of damages only, unless plaintiff shall, within 30 days of the service of the order herein, with notice of entry thereof, stipulate that the verdict be reduced to $1,100,000, in which event the judgment shall be modified accordingly, and that the third-party plaintiff have judgment over against third-party defendant for a like amount and, as modified, affirmed, without costs.

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