HERNANDEZ v. TEN TEN COMPANY

8562-125067/00 8562A 590928/01 459038/04.

102 A.D.3d 431 (2013)

959 N.Y.S.2d 128

2013 NY Slip Op 33

DANIEL HERNANDEZ et al., Respondents, v. TEN TEN COMPANY, Also Known as 1010 COMPANY, Respondents-Appellants, and PRUDENTIAL SECURITIES INCORPORATED et al., Appellants-Respondents, et al., Defendant. THE 1010 COMPANY, L.P., Sued Herein as TEN TEN COMPANY, Also Known as 1010 COMPANY, et al., Third-Party Plaintiffs-Respondents-Appellants, v. PRUDENTIAL SECURITIES INCORPORATED, Third-Party Defendant-Appellant-Respondent. SCHMERGEL CONSTRUCTION CORP., Second Third-Party Plaintiff-Respondent-Appellant, v. ROLAND'S ELECTRIC, Second Third-Party Defendant-Appellant-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 8, 2013.


The amended judgment awarding damages and interest against Ten Ten, Schmergel and Prudential is valid and enforceable, even though the verdict sheet did not indicate a finding of liability against those defendants. The defendants, conceding that they would be vicariously liable upon a finding of Roland's negligence (see Rizzuto v L.A. Wenger Contr. Co., 91 N.Y.2d 343, 349-350 [1998]), urged the court to leave their names off the...

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