BOND-GREEN v. McNALLY


233 A.D.2d 414 (1996)

650 N.Y.S.2d 598

Judith Bond-Green et al., Appellants, v. Gilbert T. McNally, Defendant and Third-Party Plaintiff-Respondent, and Scott M. Koo, Respondent. Jay R. Levine, Third-Party Defendant-Respondent

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

November 18, 1996


Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

Preliminarily, we note that although the verdict was in favor of the two defendants, the judgment appealed from by the plaintiffs dismisses the complaint only insofar as it is asserted against the defendant Gilbert T. McNally. However, since the parties have proceeded as if the judgment is in favor of both defendants, for purposes of judicial...

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