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KEMP v. LAKELANDS PRECAST, INC.

55 N.Y.2d 1032 (1982)

Robert V. Kemp et al., Respondents, v. Lakelands Precast, Inc., Respondent, and New York Telephone Company, Appellant. Lakelands Precast, Inc., Third-Party Plaintiff-Respondent, v. Anrad Construction Corporation, Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided February 25, 1982.

Attorney(s) appearing for the Case

Francis E. Lehner and Michael M. Emminger for appellant.

Alfred C. Purello for plaintiffs-respondents.

James L. Pemberton for defendant-respondent.

Dale M. Thuillez for third-party defendant-respondent.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and MEYER. Taking no part: Judges GABRIELLI and FUCHSBERG.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order modified, with costs to appellant, by (1) granting a new trial solely on the issue of defendant New York Telephone Company's liability to plaintiffs, and (2) in the event New York Telephone is on such retrial found liable to plaintiffs, directing a verdict in its favor against Lakelands Precast, Inc., on the claim over in the full amount of the telephone company...

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