CHELLI v. BANLE ASSOCIATES, LLC


22 A.D.3d 781 (2005)

803 N.Y.S.2d 201

JORGE CHELLI, Respondent, v. BANLE ASSOCIATES, LLC, Defendant and Third-Party Plaintiff-Appellant. P.N.M. ELEVATOR CORP., Third-Party Defendant-Respondent.

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

October 31, 2005.


Ordered that the judgment is modified, on the law, the facts, and as an exercise of discretion, by (1) deleting the provision thereof dismissing the third-party complaint and substituting therefor a provision in favor of the appellant and against the third-party defendant for common-law indemnification, and (2) deleting the provision thereof awarding the plaintiff damages for future pain and suffering and substituting therefor a provision severing the cause of action as to...

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