TESSER v. ALLBORO EQUIPMENT COMPANY

2008-06878.

73 A.D.3d 1023 (2010)

904 N.Y.S.2d 701

EDWARD TESSER, Respondent-Appellant, v. ALLBORO EQUIPMENT COMPANY et al., Appellants-Respondents.

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

Decided May 18, 2010.


Ordered that the appeal by the defendant Neal Vichinsky is dismissed, without costs or disbursements, as that defendant is not aggrieved by the judgment appealed from (see CPLR 5511); and it is further,

Ordered that the judgment is modified, on the law, on the facts, and in the exercise of discretion, (1) by reducing the award from the principal sum of $240,250 to the principal sum of $87,743.22, and (2) by adding a provision thereto awarding the plaintiff...

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