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JENKINS v. MEREDITH AVE. ASSOCS.

238 A.D.2d 477 (1997)

657 N.Y.S.2d 916

Alfonso Jenkins, Respondent, v. Meredith Avenue Associates et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants. Gem Steel Erectors, Inc., et al., Third-Party Defendants-Appellants-Respondents

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

April 21, 1997

Ordered that the order entered December 13, 1995, is affirmed; and it is further,

Ordered that the judgment entered July 24, 1995, is reversed, on the facts and as an exercise of discretion, with costs, and a new trial is granted on the issue of damages only, unless within 30 days after service upon the plaintiff of a copy of this decision and order with notice of entry, the plaintiff shall serve and file in the office of the Clerk of the Supreme Court, Kings County...

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