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BRKARIC v. STAR IRON & STEEL CO.

No. 74-C-654.

409 F.Supp. 516 (1976)

Claudia BRKARIC, Administratrix of the Estate of Mario Brkaric, Deceased, and as mother and natural guardian of Ronald Brkaric and Mario Paul Brkaric, infants, and Claudia Brkaric, Individually, Plaintiff, v. STAR IRON & STEEL COMPANY et al., Defendants. STAR IRON & STEEL COMPANY, Third-Party Plaintiff, v. HANNA FLUID POWER DIVISION et al., Third-Party Defendants. CUTLER HAMMER, INC., Defendant and Third-Party Plaintiff, v. NORTHEAST MARINE TERMINAL CO. INC., and the City of New York, Third-Party Defendants.

United States District Court, E. D. New York.

February 2, 1976.

Attorney(s) appearing for the Case

Burlingham, Underwood & Lord, New York City, for third-party defendant Northeast Marine Terminal Co. Inc. by William M. Kimball, New York City, of counsel.

Dominic J. Cornella, P. C., New York City, for defendant Cutler Hammer, Inc. by Irving Rosen, New York City, of counsel.

Hanner, Onorato & Hagerty, New York City, for defendants and third-party defendant Hanna Fluid Power Division, Rex Chainbelt, Inc. by Stephen I. Goldberg, New York City, of counsel.

W. Bernard Richland, Corp. Counsel of City of New York, New York City, for third-party defendant City of New York by George A. Weiler, Asst. Corp. Counsel, New York City, of counsel.

JUDD, District Judge.

MEMORANDUM AND ORDER

Third-party defendant Northeast Marine Terminal Company, Inc. (Northeast), has moved to dismiss the third-party complaint of defendant and third-party plaintiff Cutler Hammer, Inc. (Cutler), and the cross-claims of certain defendants who claim indemnity or apportionment of liability in the event that plaintiff is successful in her wrongful death action.

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