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ATKINSON v. ORMONT MACH

102 Misc.2d 468 (1979)

Robert Atkinson, Plaintiff, v. Ormont Machine Co., Inc., et al., Defendants. (And Another Action.)

Supreme Court, Special Term, Kings County.

December 3, 1979.

Attorney(s) appearing for the Case

William H. Morris for Ormont Machine Co., Inc., defendant. Dolan, McMahon & Martine (James C. Dolan of counsel), for National Acme-Cleveland Co., defendant. Eugene F. Haber and Michael A. Rosenberg for plaintiff.

SEBASTIAN LEONE, J.

In this action by an injured employee of a purchaser of a machine containing an alleged defective part that was sold to the manufacturer of the machine, the seller of the part, defendant Acme-Cleveland Corp., named herein as National Acme-Cleveland Co. (Acme), moves to dismiss that part of plaintiff's fourth cause of action and the entire fifth cause of action as predicates the liability...

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