MARTINEZ v. MULLARKEY


41 A.D.3d 666 (2007)

839 N.Y.S.2d 148

FRANCISCO MARTINEZ et al., Respondents, v. DENIS MULLARKEY, Respondent, and CENTENNIAL ELEVATOR INDUSTRIES, INC., Appellant.

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

Decided June 19, 2007.


Ordered that the interlocutory judgment is reversed insofar as appealed from, on the law, and a new trial is granted on the issue of liability with respect to the plaintiffs' claims against the defendant Centennial Elevator Industries, Inc., and the cross claim of the defendant Denis Mullarkey for common-law indemnification and contribution, with costs to abide the event.

Maria Martinez, Mirna Alvarenga, Mariagranda Alvarenga, and Christian Alvarenga allegedly suffered...

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