68-49 WOODHAVEN BOULEVARD HOLDING CORP. v. EXXON MOBIL CORP.


61 A.D.3d 844 (2009)

___ N.Y.S.2d ___

68-49 WOODHAVEN BOULEVARD HOLDING CORP., Respondent-Appellant, v. EXXON MOBIL CORPORATION, Formerly Known as MOBIL OIL CORPORATION, Defendant and Third-Party Plaintiff-Appellant-Respondent. AC WOODHAVEN INC. et al., Third-Party Defendants-Respondents-Appellants.

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

Decided April 21, 2009.


Ordered that the cross appeal by the third-party defendants is dismissed, as they are not aggrieved by that portion of the judgment cross-appealed from (see CPLR 5511); and it is further,

Ordered that the judgment is modified, on the law, by deleting the third decretal paragraph thereof in favor of the plaintiff and against the defendant and third-party plaintiff awarding the plaintiff the principal sums of $792,000...

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