FAUSSETE v. STARR


245 A.D.2d 108 (1997)

664 N.Y.S.2d 805

Steven Faussete, Plaintiff, v. Sam Starr et al., Respondents, and Robert Chiappone et al., Appellants. (And a Third-Party Action.)

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

December 11, 1997


Appellants' cross claim against respondents was properly dismissed upon plaintiff's sworn statement that he was injured on appellants' property, not, as he originally alleged, on respondents' property; appellants' failure to come forward with evidence to the contrary; and plaintiff's discontinuance with prejudice as against respondents. Since the accident could not have occurred at both locations, there is no possibility that both appellants and respondents contributed to...

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