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DiMENNA v. LONG ISLAND LIGHTING CO.

209 A.D.2d 373 (1994)

618 N.Y.S.2d 425

Anthony J. DiMenna et al., Respondents, v. Long Island Lighting Company et al., Defendants, Kevin Howard, Respondent, and Town of Islip, Appellant

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

November 7, 1994

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

Ordered that the interlocutory judgment is reversed insofar as appealed from, on the law and the facts, the complaint is dismissed insofar as asserted against the Town of Islip, the order dated July 1, 1992, is vacated, and the matter is remitted to the Supreme Court, Suffolk County, for a new trial solely with respect to the apportionment of fault between the injured plaintiff and the defendant...

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