TELESCO v. BATEAU


299 A.D.2d 852 (2002)

749 N.Y.S.2d 811

PAUL TELESCO et al., Appellants, v. PHILIP BATEAU, Individually and/or Doing Business as PHIL'S JANITORIAL SERVICE, Respondent, and AMERICAN RED CROSS, GREATER BUFFALO CHAPTER, Third-Party Defendant-Respondent.

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

Decided November 15, 2002.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motions of defendant and third-party defendant seeking to preclude plaintiffs, by operation of collateral estoppel, from alleging that plaintiff Paul Telesco sustained a back injury and as modified the order is affirmed without costs.

Memorandum:

Plaintiffs commenced this action to recover damages for injuries sustained by Paul Telesco...

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