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MARTINKOWSKI v. CARBORUNDUM

108 Misc.2d 184 (1981)

Gertrude Martinkowski, as Administratrix of The Estate of James Martinkowski, Deceased, Plaintiff, v. Carborundum Company/Electro-Mineral Division et al., Defendants.

Supreme Court, Niagara County.

February 24, 1981

Attorney(s) appearing for the Case

Hurwitz & Fine, P. C. (Dan D. Kohane of counsel), for Carborundum Company/Electro-Mineral Division, defendant. Collins, Collins, & Di Nardo, P. C. (Frank J. Dolce of counsel), for plaintiff.

NORMAN A. STILLER, J.

This is a motion brought by defendant, the Carborundum Company/Electro-Mineral Division, for an order pursuant to CPLR 3211 (subd [a], pars 1, 7) dismissing the plaintiff's complaint. While requesting that this court treat its motion as one for summary judgment under CPLR 3211 (subd [c]), Carborundum submits that the complaint should be dismissed because the plaintiff's decedent died as a result of accidental injuries sustained in...

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