Monteith v. Santarpia — 41 A.D.2d 826

Majority

p. 826

Horace Monteith et al., Appellants, v. Gennaro Santarpia, Defendant-Respondent and Third-Party Plaintiff. Meyers Brothers, Inc., Third-Party Defendant.

Judgment, Supreme Court, New York County, entered July 31, 1972, so far as appealed from, adjudging that the defendant Gennaro Santarpia have judgment against the plaintiffs, unanimously affirmed, without costs and without disbursements. In view of the lack of evidence regarding defendant Santarpia’s negligence, the complained of defect in the charge does not require that the jury’s verdict for defendant be disturbed. Concur — Markewich, J. P., Kupferman, Lane and Capozzoli, JJ.