HEATH v. MAKITA CORP.


255 A.D.2d 419 (1998)

681 N.Y.S.2d 289

Wayne Heath et al., Appellants-Respondents, v. Makita Corporation et al., Respondents-Appellants

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

November 16, 1998


Ordered that the judgment is reversed insofar as appealed and cross-appealed from, on the law, without costs or disbursements, so much of the order entered April 21, 1997, as denied (a) that branch of the plaintiffs' motion which was for a new trial on the issue of damages with respect to the plaintiff Wayne Heath and (b) that branch of the defendants' cross motion which was to dismiss the derivative cause of action of the plaintiff Alice Heath is vacated, the cross motion...

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