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WAGNER v. GRINNELL HOUSING DEVELOPMENT FUND CORPORATION

297 A.D.2d 226 (2002)

746 N.Y.S.2d 156

MICHAEL WAGNER et al., Respondents-Appellants, v. GRINNELL HOUSING DEVELOPMENT FUND CORPORATION, Respondent-Appellant and Third-Party Plaintiff-Respondent-Appellant, et al., Defendant. ARCHER ELEVATOR CO., INC., Third-Party Defendant-Appellant-Respondent.

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

Decided August 15, 2002.

Except as to the apportionment of fault against Grinnell, the jury's verdict was not against the weight of the evidence, and was supported by sufficient evidence as a matter of law (see, Nicastro v Park, 113 A.D.2d 129). While this Court's prior holding in this matter, granting summary judgment to plaintiffs on the issue of liability as against Grinnell, explicitly provided that the relative liabilities of the building owner and...

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