KENNY v. DORAL CONSTR. CORP.


283 A.D. 739 (1954)

John Kenny, Respondent, v. Doral Construction Corp., Appellant and Third-Party Plaintiff-Appellant. Borrelli, Inc., et al., Third-Party Defendants-Respondents

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

February 15, 1954.


Judgment modified on the law by striking therefrom the first adjudicating paragraph and by substituting therefor provisions that the main action be severed from the third-party action and that a new trial be had on the issues raised by the complaint and the answer. As so modified, the judgment is unanimously affirmed, without costs.

It was error for the trial court to instruct the jury that appellant might be held liable to plaintiff if it had failed to furnish him...

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