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CANO v. MID-VALLEY OIL CO., INC.

2015-02474. Index No. 28242/05.

151 A.D.3d 685 (2017)

2017 NY Slip Op 04419

57 N.Y.S.3d 494

CARLOS ENRIQUE CANO, Respondent-Appellant, v. MID-VALLEY OIL COMPANY, INC., et al., Defendants/Third-Party Plaintiffs-Appellants-Respondents. ADVENTURA CONSTRUCTION SERVICES, Third-Party Defendant-Appellant. (And Other Actions.).

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

Decided June 7, 2017.

Ordered that the appeal by the defendants third-party plaintiffs Mid-Valley Oil Company, Inc., and Mobil Corporation is dismissed, as those parties are 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, by (1) deleting the provision thereof reducing the award of damages to the plaintiff by 25% based on the plaintiff's comparative...

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