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CATHERMAN v. BRYERTON

6 A.D.3d 1227 (2004)

775 N.Y.S.2d 747

DONALD R. CATHERMAN et al., Appellants, v. RONALD BRYERTON, Individually and Doing Business as R&R CARPET SERVICE, Defendant, and FAIRMOUNT CARPET & LINOLEUM, INC., et al., Respondents. (Appeal No. 2.)

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

April 30, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying in part the motion of defendant Eldan Homes, Inc. and cross motion of defendant Fairmount Carpet & Linoleum, Inc. and reinstating the common-law negligence and derivative causes of action against them and as modified the order is affirmed with costs to plaintiffs.

Same memorandum as in Catherman v Bryerton (6 A.D.3d...

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