SALDARRIAGA v. BROS.


151 A.D.2d 270 (1989)

Armando Saldarriaga et al., Respondents, v. DeSantis Brothers et al., Appellants and Third-Party Plaintiffs-Appellants-Respondents, and McGlynn Hays, Respondent and Second Third-Party Plaintiff-Respondent. Brus Corporation, Third-Party Defendant-Respondent-Appellant and Second Third-Party Defendant-Appellant

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

June 8, 1989


While several issues were raised on the appeal, we find that only one merits discussion. It concerns the allocation of liability to each of the parties. We conclude that the jury's apportionment was correct.

The record supports the jury's apportionment of liability between the parties as follows: 65% to the defendant owners, DeSantis Brothers and Joseph DeSantis (the DeSantis defendants); 25% to third-party defendant employer Brus Corporation (Brus); and 10% to plaintiff...

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