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  5. 256 A.D.2d 326 (1998)
 

SMALL v. YONKERS CONTRACTING INC.

256 A.D.2d 326 (1998)

681 N.Y.S.2d 344

CHARLES SMALL et al., Appellants, v. YONKERS CONTRACTING INC., Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. RICE MOHAWK, INC., Third-Party Defendant-Respondent.

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

Decided December 7, 1998.

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

Ordered that the judgment is modified by deleting the provision thereof which awarded the plaintiffs $15,000 for past medical expenses and substituting therefor a provision severing the plaintiffs' cause of action to recover damages for past medical expenses and granting a new trial with respect thereto; as so modified, the judgment is affirmed, with...

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