CARTER v. BMC-HOJO, INC.

2018-03691. Index No. 1412/14.

188 A.D.3d 638 (2020)

134 N.Y.S.3d 399

2020 NY Slip Op 06237

E'Lona Carter, Respondent, v. BMC-HOJO, Inc., et al., Defendants/Third-Party Plaintiffs-Appellants. Tevin Williams, Third-Party Defendant-Respondent.

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

Decided November 4, 2020.


Ordered that the judgment is modified, on the facts, by deleting the provision thereof apportioning 100% of the fault to the defendants/third-party plaintiffs; as so modified, the judgment is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Orange County, for a new trial with respect to the apportionment of fault between the defendants/third-party plaintiffs and the third-party defendant, Tevin Williams, and thereafter the entry of...

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