Legal Opinion · Dissent
Brooks v. Maintenance Service Resources, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 23, 2007Published
1DissentFisher, J.
(dissenting and voting to modify the interlocutory judgment by deleting the provisions thereof awarding the plaintiff judgment against the defendant third-party plaintiff, Maintenance Service Resources, Inc., for 100% of any damages verdict entered upon a retrial on damages, and directing that the defendant third-party plaintiff, Maintenance Service Resources, Inc., may collect 40% of the amount to be paid to the plaintiff from the third-party defendant, Allied Exterminating, and substituting therefor provisions directing a new trial only on the issue of the apportionment of fault among the…
2Cases cited10 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
- Rosenberg v. Equitable Life Assurance SocietyNew York Court of Appeals · 1992
- Rohlfs v. WeilNew York Court of Appeals · 1936
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