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GUARINO v. MINE SAFETY APPLIANCES

31 A.D.2d 255 (1969)

Mary Guarino, Individually and as Administratrix of The Estate of Stephen P. Guarino, et al., Respondents-Appellants, et al., Respondents, v. Mine Safety Appliances Company, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 20, 1969.

Attorney(s) appearing for the Case

Daniel J. Coughlin (William F. McNulty of counsel), for appellant-respondent.

Domenic LaRosa (Aaron J. Broder and Sidney K. Margolis of counsel), for Mary Guarino and another, respondents-appellants.

Harry Kraf (Sidney K. Margolis of counsel), for respondents and Louis Fattore, respondent-appellant.

BRENNAN, BENJAMIN, MUNDER and MARTUSCELLO, JJ., concur.

CHRIST, Acting P. J.

These consolidated actions to recover damages for wrongful death, conscious pain and suffering, and personal injuries arose out of the death of one John Rooney in a sewer tunnel. On October 2, 1957, Rooney, an engineer employed by the Bureau of Sewage Disposal of the Department of Public Works of the City of New York, descended into a sewer in Queens County to ascertain the source of certain...

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