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NEW YORK CARDIOTHORACIC SURGEONS, P.C. v. BREVETTI

2019-06547. Index No. 9567/03.

208 A.D.3d 1241 (2022)

175 N.Y.S.3d 113

2022 NY Slip Op 05212

New York Cardiothoracic Surgeons, P.C., Appellant-Respondent, v. Gregory R. Brevetti, Defendant/Third-Party Plaintiff-Respondent-Appellant. Israel J. Jacobowitz, Third-Party Defendant-Appellant-Respondent, et al., Third-Party Defendant.

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

Decided September 21, 2022.

Attorney(s) appearing for the Case

Snitow Kaminetsky Rosner & Snitow, LLP, New York, NY (Franklyn H. Snitow, Gary S. Snitow, and Alan V. Klein of counsel), for plaintiff-appellant-respondent and third-party defendant-appellant respondent.

Abrams Fensterman, LLP, Brooklyn, NY (Anthony J. Genovesi, Jr., and Maria Kefalas of counsel), for defendant third-party plaintiff-respondent-appellant.

Dillon, J.P., Brathwaite Nelson, Roman and Ford, JJ., concur.

Ordered that the judgment is modified, on the law and the facts, (1) by deleting the provision thereof which is in favor of the defendant/third-party plaintiff and against the third-party defendant Israel J. Jacobowitz in the principal sum of $91,666.64, representing damages for severance pay pursuant to Labor Law article 6, and (2) by deleting the provision thereof which is in favor of the defendant/third-party plaintiff and against the plaintiff and the third-party defendant...

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