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PHILLIPS v. CHEVROLET TONAWANDA DIV. OF GEN. MOTORS CORP.

43 A.D.2d 891 (1974)

Alfred Phillips et al., Respondents, v. Chevrolet Tonawanda Division of General Motors Corporation, Appellant General Motors Corporation, Third-Party Plaintiff-Respondent, v. Modern Equipment Company, Third-Party Defendant-Appellant

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

January 11, 1974

Judgment unanimously reversed, on the law, without costs and new trial granted.

Memorandum:

On October 5, 1969 respondent Alfred Phillips while employed by a wholly-owned subsidiary of the appellant Modern Equipment Company was working at the plant of appellant Chevrolet Tonawanda Division of General Motors. An accident occurred resulting in serious injuries to Phillips and he and his wife commenced a negligence action against Chevrolet. Chevrolet impleaded...

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