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O'Connor v. Serge Elevator Co.

58 N.Y.2d 799 Court N.Y. Decision date 1983-01-11 English

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p. 799
Sean O’Connor, Plaintiff, v Serge Elevator Co., Respondent, et al., Defendant, and K. W. Construction Corp., Defendant and Third-Party Plaintiff-Appellant. A & M Wallboard, Inc., Third-Party Defendant-Respondent.
Submitted December 20, 1982;
decided January 11, 1983

Motion for reargument denied, with $20 costs and necessary reproduction disbursements. Motion to amend remittitur on appeal as against A & M Wallboard, Inc., granted. Return of remittitur requested and, when returned, that portion of the remittitur will be amended to read as follows: “On appeal as against A & M Wallboard, Inc.: Order reversed, with costs, and the case remitted to Supreme Court, New York County, for determination of the amount payable to appellant by A & M Wallboard, Inc. under the terms of the indemnity agreement, and for entry of judgment against A & M Wallboard, Inc.” [See 58 NY2d 655 .]

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