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TOZZI v. LONG ISLAND R.R. CO.

247 A.D.2d 466 (1998)

668 N.Y.S.2d 102

Fred A. Tozzi et al., Plaintiffs, v. Long Island Railroad Company, Defendant. L & L Painting Co., Inc., Sued Herein as L & L Painting, Fourth-Party Defendant-Respondent; Commerce and Industry Insurance Company, Fourth-Party Defendant-Appellant. (And a Third-Party Action.)

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

February 9, 1998

Ordered that the order entered November 7, 1996, is affirmed insofar as appealed from, without costs or disbursements; and it is further,

Ordered that the order entered December 18, 1996, is reversed, on the law, without costs or disbursements, and the fourth-party plaintiff's motion is denied.

Since the evidence which the fourth-party plaintiff sought to have included in the record was not before the Supreme Court...

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