SERGEANT v. MURPHY FAMILY TRUST


292 A.D.2d 761 (2002)

739 N.Y.S.2d 790

KEVIN SERGEANT, Plaintiff, v. MURPHY FAMILY TRUST et al., Defendants and Third-Party Plaintiffs-Appellants. D.R. CASEY CONSTRUCTION CORP., Third-Party Defendant-Respondent.

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

Decided March 15, 2002.


It is hereby ordered that the order so appealed from be and the same hereby is modified on the law by denying the motion of third-party defendant in part and reinstating the third-party complaint insofar as it alleges that plaintiff sustained a grave injury based on an acquired brain injury resulting in permanent total disability and as modified the order is affirmed without costs.

Memorandum:

Third-party plaintiffs, Murphy Family Trust and Murphy and Nolan...

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