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RODDY v. NEDERLANDER PRODUCING CO. OF AM., INC.

No. 236 SSM 60.

2010 NY Slip Op 09381

PAT RODDY, Appellant, v. NEDERLANDER PRODUCING COMPANY OF AMERICA, INC., ET AL., Respondents, ET AL., Defendants. (And A Third-Party Action.).

Court of Appeals of New York.

Decided December 21, 2010.

Attorney(s) appearing for the Case

Submitted by Jonny Kool , for appellant.

Submitted by Robert S. Cypher, Jr. , for respondents Nederlander Producing Company of America, Inc. et al.

Submitted by Scott T. Horn , for respondent Abhann Productions, Inc.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and plaintiff's complaint as against defendants Nederlander Producing Company of America, Inc. and The Gershwin Theatre reinstated.

Plaintiff did not have a full and fair opportunity to litigate the issue of defendants' negligence. The issue of defendants' negligence was previously determined in an Appellate Division order granting defendants summary judgment on a third-party...

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