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MONELL v. INT'L BUS. MACHS. CORP.

47 A.D.2d 637 (1975)

Margaret Monell, as Administratrix of The Estate of John H. Monell, Deceased, Respondent, v. International Business Machines Corporation et al., Respondents, Loco Contracting Corp., Respondent-Appellant, and John S. Evans, Doing Business as John S. Evans and Son, Appellant-Respondent. (And third-party actions.)

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

February 3, 1975

Judgment modified, on the law, (1) by deleting therefrom the decretal provision that plaintiff have judgment against defendant John S. Evans and substituting therefor a provision that the complaint against said defendant John S. Evans is dismissed, (2) by deleting the sixth decretal paragraph thereof, which apportions the responsibility between said defendant and defendant Loco Contracting Corp., (3) by deleting from the seventh decretal paragraph thereof the following: ...

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