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NAGEL v. METZGER

118 Misc.2d 441 (1983)

Jane C. Nagel, Individually and as Administratrix of The Estate of Ralph Nagel, Deceased, Plaintiff, v. Edward Metzger et al., Defendants. Bethlehem Steel Corporation, Third-Party Plaintiff, v. Edward Metzger et al., Third-Party Defendants. Bethlehem Steel Corporation, Third-Party Plaintiff, v. Ersco, Inc., Third-Party Defendant. A-T-O, Inc., Third-Party Plaintiff, v. Edward Metzger et al., Third-Party Defendants. T.W. Truck Equippers, Inc., Third-Party Plaintiff, v. Edward Metzger et al., Third-Party Defendants.

Supreme Court, Erie County.

March 8, 1983

Attorney(s) appearing for the Case

Damon, Morey, Sawyer & Moot for Edward Metzger and another. Tenney, Smith & Scott for Jane C. Nagel. Mark G. Farrell for A-T-O, Inc. Brown, Maloney, Gallup, Roach & Busteed, P. C., for T.W. Truck Equippers, Inc. Phillips, Lytle, Hitchcock, Blaine & Huber for Bethlehem Steel Corporation.

JOSEPH D. MINTZ, J.

Third-party defendants Edward Metzger and Doris Metzger move for summary judgment pursuant to CPLR 3212 dismissing the third-party complaints of defendants Bethlehem Steel, A-T-O, Inc., and T.W. Truck Equippers. The third-party complaints are based upon alleged violations of sections 200, 240 and subdivision 6 of section 241 of the Labor Law by third-party defendants as owners of the property...

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