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BROOKS v. JUDLAU CONTRACTING, INC.

39 A.D.3d 447 (2007)

833 N.Y.S.2d 223

STEPHEN J. BROOKS et al., Appellants-Respondents, v. JUDLAU CONTRACTING, INC., Defendant and Third-Party Plaintiff-Respondent-Appellant. THUNDERBIRD CONSTRUCTORS, INC., Third-Party Defendant-Respondent.

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

Decided April 3, 2007.

Ordered that the cross appeal from so much of the judgment as failed to offset the damages award with collateral sources is dismissed as academic; and it is further,

Ordered that the judgment is modified, on the law, by deleting the provisions in favor of the plaintiff Stephen J. Brooks and against the defendant third-party plaintiff, awarding damages, and, in effect, in favor of the defendant third-party plaintiff and against the plaintiff Helen Brooks, dismissing...

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