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VAVALLO v. CONSOL. EDISON CO. OF NEW YORK, INC.

150 A.D.2d 556 (1989)

Vito Vavallo, Respondent, v. Consolidated Edison Co. of New York, Inc., Appellant and Third-Party Plaintiff-Appellant-Respondent. New York Telephone Company, Third-Party Defendant-Respondent-Appellant

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

May 15, 1989

Ordered that the appeals from the order are dismissed; and it is further,

Ordered that the judgment is reversed, on the law and the facts and as a matter of discretion, without costs or disbursements, the third-party complaint is amended to conform with the proof at the trial, it is adjudged and declared that the defendant and third-party plaintiff shall recover against the third-party defendant for the full amount of the plaintiff's judgment against it, and a new...

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