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MASTERSON v. P & H HARNISCHFEGER CORP.

55 A.D.2d 570 (1976)

Lena Masterson, Individually and as Administratrix of The Estate of Floyd M. Masterson, Deceased, Plaintiff, and J. A. Jones Construction Company, Respondent-Appellant, v. P & H Harnischfeger Corporation, Appellant-Respondent, et al., Defendants Harnischfeger Corporation, Third-Party Plaintiff, v. Liebherr (Ireland) Ltd., et al., Third-Party Defendants

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

December 21, 1976

The appeal from the order entered July 26, 1976, is dismissed, as academic, without costs and without disbursements.

This consolidated action arose out of an accident which occurred in 1967 in Florida when a tower crane sold by Harnischfeger, the American distributor of a foreign manufacturer, to Jones broke loose from the eleventh floor of a structure being erected by Jones, destroying the crane, killing its operator, Floyd Masterson, and causing considerable damage...

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