CATHEY v. GARTNER


15 A.D.3d 435 (2005)

790 N.Y.S.2d 200

THOMASINA CATHEY, Respondent, v. MICHELE LIPPA GARTNER et al., Respondents, and FLETCHER J. GATELEY et al., Appellants.

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

February 14, 2005


Ordered that the judgment is reversed insofar as appealed from, on the law, the motion is denied, and the matter is remitted to the Supreme Court, Nassau County, for a new trial on the issue of the appellants' liability, with costs to abide the event; in the event that the appellants are found liable after a new trial, the findings of fact as to the apportionment of liability between the defendants and on the issue of damages are affirmed.

In granting a motion for...

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