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ESTEVES v. SOMCO FUEL, INC.

64 A.D.2d 603 (1978)

Anthony Esteves et al., Respondents, v. Somco Fuel, Inc., Defendant and Third-Party Plaintiff-Appellant-Respondent; et al., Defendant. 163 Eastern Parkway Realty Corp., Third-Party Defendant-Respondent-Appellant

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

July 3, 1978

Interlocutory judgment modified, on the law and the facts, by deleting from the first decretal paragraph thereof all language following the words "against the defendant Somco Fuel Inc." and substituting therefor a provision dismissing the third-party complaint. As so modified, interlocutory judgment affirmed, with costs to plaintiffs payable by defendant Somco Fuel, Inc. There was ample evidence presented to support the jury's finding that the explosion which caused the injuries...

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