De Coufle v. Frederick Benedict, Inc.

— In a negligence action to recover damages for personal injuries, the defendant third-party plaintiff appeals from a judgment of the Supreme Court, Richmond County (Goldberg, J.), dated March 23,1982, which (1) was in favor of the plaintiff and against it in the principal sum of *806$400,000, upon a jury verdict and (2) dismissed its third-party complaint against the City of New York, on the merits. Judgment modified, on the facts and as an exercise of discretion, by deleting therefrom the first decretal paragraph and substituting therefor a provision granting a new trial on plaintiff’s…