STEWART v. NEW YORK TEL. CO.


136 A.D.2d 907 (1988)

Gordon Stewart, as Parent and Natural Guardian of Glenn Stewart, an Infant, Respondent, v. New York Telephone Company, Appellant and Third-Party Plaintiff-Respondent. Niagara Mohawk Power Corporation, Third-Party Defendant-Appellant

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

January 29, 1988


Order unanimously modified on the law and as modified affirmed with costs to plaintiff-respondent, in accordance with the following memorandum: County Court properly affirmed the judgment awarding plaintiff damages based upon the jury verdict. However, it erred in reversing the trial court's dismissal of the third-party action. Liability of the third-party defendant, Niagara Mohawk, cannot be imputed solely on the basis of its admission of joint ownership of the utility pole...

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