GOLDBERG v. LORUSSO


288 A.D.2d 257 (2001)

733 N.Y.S.2d 117

JOEL GOLDBERG, Appellant, et al., Plaintiff, v. ROBERT LORUSSO et al., Defendants and Third-Party Plaintiffs-Respondents. PRUDENTIAL & HOUGHTON BANKS REAL ESTATE et al., Third-Party Defendants-Respondents.

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

Decided November 13, 2001.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and the motion of the defendants third-party plaintiffs and that branch of the separate motion of the third-party defendants which was for summary judgment dismissing the complaint insofar as asserted by the plaintiff Joel Goldberg are denied, and the complaint insofar as asserted by the plaintiff Joel Goldberg is reinstated.

On May 15, 1997, the then 69-year-old plaintiff...

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