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LAWSON v. BROOKDALE HOSPITAL MEDICAL CENTER

43 A.D.3d 880 (2007)

842 N.Y.S.2d 44

ENNY LAWSON, Appellant, v. BROOKDALE HOSPITAL MEDICAL CENTER, Defendant and Third-Party Plaintiff-Respondent. FREDRIC J. COHEN, Third-Party Defendant-Respondent.

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

Decided September 11, 2007.

Ordered that appeal from so much of the judgment as is in favor of the third-party defendant and against the defendant third-party plaintiff dismissing the third-party complaint is dismissed, as the appellant is not aggrieved by that portion of the judgment (see CPLR 5511); and it is further,

Ordered that the judgment is reversed insofar as reviewed, on the law, the complaint is reinstated, and a new trial is granted, with costs to abide the event.

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