Heller v. Encore of Hicksville, Inc.

Appellate Division of the Supreme Court of New York

Heller v. Encore of Hicksville, Inc.

83 A.D.2d 603, 441 N.Y.S.2d 994, 1981 N.Y. App. Div. LEXIS 14890

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 20, 1981

StatusPublished

This text of 83 A.D.2d 603 (Heller v. Encore of Hicksville, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Heller v. Encore of Hicksville, Inc., 83 A.D.2d 603, 441 N.Y.S.2d 994, 1981 N.Y. App. Div. LEXIS 14890 (N.Y. Ct. App. 1981).

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Opinion

In a negligence action to recover damages for personal injuries, etc., the cross appeals are from a judgment of the Supreme Court, Nassau County (Berman, J.), entered May 3, 1979, as resettled by an order of the same court dated November 27,1979, which (1) is in favor of plaintiffs and against defendants Encore of Hicksville, Inc., and Richard Ruggiero in the principal sum of $150,000, upon a jury verdict, and (2) dismissed the third-party complaint and all cross claims and counterclaims. The parties stipulated to dicontinue the appeals as against Divina Products and Clairol, Inc. This court, by order dated June 30, 1980 (76 AD2d 917), modified the resettled judgment by deleting therefrom the provision which was in favor of the plaintiffs and against defendants Encore of Hicksville, Inc., and Richard Ruggiero and substituting therefor a provision dismissing the complaint. As so modified, the judgment, as resettled, was affirmed. The Court of Appeals, by order dated April 2,1981 (Heller v Encore of Hicksville, 53 NY2d 716), reversed this court’s order and remitted the case to this court for a review of the facts. Judgment, as resettled, affirmed, without costs or disbursements. No opinion. Titone, J. P., Mangano, Rabin and Bracken, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., the cross appeals are from a judgment of the Supreme Court, Nassau County (Berman, J.), entered May 3, 1979, as resettled by an order of the same court dated November 27,1979, which (1) is in favor of plaintiffs and against defendants Encore of Hicksville, Inc., and Richard Ruggiero in the principal sum of $150,000, upon a jury verdict, and (2) dismissed the third-party complaint and all cross claims and counterclaims. The parties stipulated to dicontinue the appeals as against Divina Products and Clairol, Inc. This court, by order dated June 30, 1980 (76 AD2d 917), modified the resettled judgment by deleting therefrom the provision which was in favor of the plaintiffs and against defendants Encore of Hicksville, Inc., and Richard Ruggiero and substituting therefor a provision dismissing the complaint. As so modified, the judgment, as resettled, was affirmed. The Court of Appeals, by order dated April 2,1981 (Heller v Encore of Hicksville, 53 NY2d 716), reversed this court’s order and remitted the case to this court for a review of the facts. Judgment, as resettled, affirmed, without costs or disbursements. No opinion. Titone, J. P., Mangano, Rabin and Bracken, JJ., concur.

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Bluebook (online)

83 A.D.2d 603, 441 N.Y.S.2d 994, 1981 N.Y. App. Div. LEXIS 14890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heller-v-encore-of-hicksville-inc-nyappdiv-1981.

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