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IANNIELLI v. CONSOL. ED

75 A.D.2d 223 (1980)

Doris Iannielli, Individually and as Administratrix of The Estate of Edward Iannielli, Sr., Deceased, Appellant, v. Consolidated Edison Company et al., Respondents; M. H. Treadwell Corp. et al., Respondents-Appellants Consolidated Edison Company et al., Third-Party Plaintiffs-Respondents, v. Ingalls Iron Works Co., Third-Party Defendant-Respondent-Appellant Ingalls Iron Works Co., Third-Party Plaintiff-Respondent-Appellant, v. Foster Wheeler Corp., Third-Party Defendant-Respondent

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

June 2, 1980

Attorney(s) appearing for the Case

Sacks & Sacks (Harold M. Harkavy and Melvin Sacks of counsel), for appellant.

Corcoran, Amabile & Corwin (Paul M. DeCarlo and John J. Corcoran of counsel), for M. H. Treadwell Corp., respondent-appellant.

Lester Schwab Katz & Dwyer (Steven B. Prystowsky of counsel), for Consolidated Edison Co. and another, respondents.

Grubbs, Alio & Donovan (Michael Majewski and Joseph D. Ahearn of counsel), for Ingalls Iron Works Co.

MOLLEN, P. J., DAMIANI and LAZER, JJ., concur.

MARGETT, J.

Plaintiff seeks to recover damages for the personal injuries sustained by her decedent Edward Iannielli, Sr. on July 19, 1973 in an industrial accident.*

The main question presented by this appeal is whether a certain memorandum, purportedly to be a statement made by plaintiff's decedent to an accident investigator some...

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