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BAXTER v. MOBIL OIL CORP.

141 A.D.2d 792 (1988)

Frank Baxter et al., Respondents-Appellants, v. Mobil Oil Corporation et al., Respondents-Appellants, and Otis Elevator Company, Defendant and Third-Party Plaintiff-Appellant-Respondent, et al., Defendant. Galbraith-Ruffin Corporation, Third-Party Defendant-Respondent

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

June 27, 1988

Ordered that the appeal and the cross appeal from the interlocutory judgment are dismissed, since the interlocutory judgment was superseded by the resettled interlocutory judgment; and it is further,

Ordered that the resettled judgment is reversed insofar as appealed and cross-appealed from, on the law and the facts, the interlocutory judgment is vacated, and a new trial is granted to the plaintiffs against Otis, Mobil, and 150 East 42nd Street Corporation, to Otis...

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