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ORTIZ v. FARRELL CO.

171 N.J. Super. 109 (1979)

407 A.2d 1290

JORGE ORTIZ, PLAINTIFF, v. FARRELL CO., DIVISION OF U.S.M. CORPORATION, ET AL., DEFENDANTS. B.J. MARTIN CO., INC., THIRD-PARTY PLAINTIFF, v. CHEM-OIL CORP. AND ULTRA-POLY CORPORATION, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division, Essex County.

Decided October 22, 1979.

Attorney(s) appearing for the Case

Mr. Frank Tunnero for plaintiff (Messrs. Blume & Weiseman, attorneys).

Mr. Thomas Aljian for defendants.

Mr. James Vasios for third-party plaintiff (Messrs. Conway, Reiseman, Baumgardner, Hurley & Kleinfeld, attorneys).

Ms. Edith K. Payne for defendant and third-party defendant (Messrs. Stryker, Tams & Dill, attorneys).

LANDAU, J.S.C.

This is a motion for summary judgment against plaintiff, third-party plaintiff and all cross-claimants, brought by Chem-Oil Equipment Corp., defendant and third-party defendant in a multi-party products liability case. It arises out of an industrial employee's accident on a used, modified machine and requires determination of the previously untested strict liability exposure of a used machinery broker in the following factual circumstances.

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