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Heller v. Encore of Hicksville, Inc.
Citations: 83 A.D.2d 603; 441 N.Y.S.2d 994; 1981 N.Y. App. Div. LEXIS 14890
Court: Appellate Division of the Supreme Court of the State of New York; July 20, 1981; New York; State Appellate Court
A negligence action for personal injuries resulted in cross appeals stemming from a judgment by the Supreme Court, Nassau County, favoring plaintiffs against defendants Encore of Hicksville, Inc. and Richard Ruggiero for $150,000 based on a jury verdict. Additionally, the court dismissed a third-party complaint and all related cross claims and counterclaims. The parties agreed to discontinue appeals against Divina Products and Clairol, Inc. An order on June 30, 1980, modified the judgment by dismissing the plaintiffs’ complaint against Encore and Richard Ruggiero instead of awarding damages. This modified judgment was affirmed. However, the Court of Appeals reversed the order on April 2, 1981, and remitted the case for factual review. Ultimately, the resettled judgment was affirmed without costs or disbursements, with no opinion provided by the judges involved.