McCARTHY v. 390 TOWER ASSOC.


9 Misc.3d 219 (2005)

800 N.Y.S.2d 875

THERESA McCARTHY, Plaintiff, v. 390 TOWER ASSOCIATES, LLC, et al., Defendants.

Supreme Court, New York County.

June 23, 2005.


Attorney(s) appearing for the Case

Barry McTiernan & Moore, New York City (Roger McTiernan of counsel), for 390 Tower Associates, LLC, and another, defendants.

Morris, Duffy, Alonso & Faley, New York City (Kevin Mahon of counsel), for Unisul, Inc., defendant.

Pomerance & Collins, Suffern (Lawrence A. Doris of counsel), for plaintiff.


OPINION OF THE COURT

ROBERT D. LIPPMANN, J.

Defendants 390 Tower Associates and Structure Tone, Inc. move, pursuant to CPLR 4404, for an order granting said defendants complete common-law indemnification as against the codefendant Unisul, Inc.; setting aside the apportionment of fault by the jury between defendant Neil Buckley and Unisul as being against the weight of the evidence and/or setting a new trial on the issue of apportionment between Buckley and...

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