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CHARNEY v. MUSS

122 A.D.2d 825 (1986)

Marvin Charney et al., Respondents, v. Hyman Muss et al., Defendants and Third-Party Plaintiffs-Appellants. Consolidated Edison Company of New York, Inc., Third-Party Defendant-Respondent

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

August 11, 1986

Judgment modified, on the law and the facts, and as an exercise of discretion, by (1) adding thereto a provision reinstating the third-party complaint, severing the third-party action, and remitting the matter to the Supreme Court, Queens County, for a trial thereof, and for an apportionment of damages pursuant to Dole v Dow Chem. Co. (30 N.Y.2d 143) in the event it is determined by the trier of facts that the defendants third-party...

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