Felix MERCED and Modesta Merced, Plaintiffs-Appellants,
v.
AUTO PAK CO., INC., Defendant-Appellee,
S & C Liquidating Corp. et al., Defendants.
AUTO PAK CO., INC., Third Party Plaintiff,
v.
SOUTHBRIDGE TOWERS, INC., Third-Party Defendant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued December 10, 1975.
Decided April 2, 1976.
Attorney(s) appearing for the Case
Richard E. Shandell, New York City (Katz, Shandell, Katz & Erasmus and Marie M. Lambert, New York City, of counsel), for plaintiffs-appellants.
Richard J. Burke, New York City (Morris, Duffey, Ivone & Jensen, New York City, of counsel), for defendant-appellee.
Morris Zweibel, Mineola, N. Y. (Benjamin E. Gelerman and Crowe, McCoy, Agoglia & Zweibel, Mineola, N. Y., of counsel), for third-party defendant.
Before OAKES, VAN GRAAFEILAND and MESKILL, Circuit Judges.
United States Court of Appeals, Second Circuit.
OAKES, Circuit Judge:
This appeal is in a diversity suit for personal injuries and loss of consortium1 resulting from an accident which occurred on July 13, 1972, to Felix Merced, an apartment house porter, while working at a trash compactor manufactured by the appellee, Auto Pak Co., Inc. (Auto Pak). The United States District Court for the Southern District of New York, Harold R. Tyler, Jr., Judge, set aside a verdict for the...
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