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YOON v. RECHLER

2 A.D.3d 690 (2003)

770 N.Y.S.2d 85

KYOUNG RAN YOON et al., Plaintiffs, v. BONNIE S. RECHLER, Defendant, and ZACHARY R. RECHLER et al., Appellants. (And Third-Party Titles.) (Action No. 1.) HYUNG KAN YOON et al., plaintiffs, v. BONNIE S. RECHLER et al., Defendants. (Action No. 2.) COUNTRY-WIDE INSURANCE COMPANY, as Subrogee of OK HYUN et al., Respondent, v. BENNETT RECHLER et al., Appellants. (Action No. 3.)

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

December 22, 2003.

Ordered that the appeal by Zachary R. Rechler is dismissed as withdrawn; and it is further,

Ordered that the interlocutory judgment is reversed insofar as appealed from in Action No. 3, on the law, and the matter is remitted to the Supreme Court, Queens County, for a new trial on the issue of liability in Action No. 3 in accordance herewith; and it is further,

Ordered that any award of costs is to abide the event of a new trial.

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