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McCLUSKEY v. FIRST LEASING CORP.

50 A.D.2d 555 (1975)

Patricia McCluskey, an Infant, by Her Father, Thomas McCluskey, et al., Respondents, v. First Leasing Corporation, Appellant and Third-Party Plaintiff-Appellant. Sanford Turman, Individually and Doing Business as Sanford Painting Company, Third-Party Defendant-Respondent

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

November 25, 1975

Scrutiny of the record in this action to recover damages for personal injuries warrants the conclusion that the trial court properly dismissed the third-party complaint and that no basis exists for overturning the jury verdict in favor of the plaintiffs. The defendant and third-party plaintiff failed to establish whether the radiator in question was disconnected or had rotted away. Assuming that the record could sustain a finding...

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