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ELKAN v. ARREDONDO

97 A.D.2d 696 (1983)

Diane Elkan et al., Plaintiffs, v. Simon Arredondo et al., Defendants Luby Volkswagen, Inc., Third-Party Plaintiff-Respondent-Appellant, v. Volkswagenwerk, AG., Third-Party Defendant-Respondent, and Klippan G.M.B.H. Hamburg, Third-Party Defendant-Appellant

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

November 3, 1983

Upon a prior appeal, the Court of Appeals denied the motion of third-party defendant Volkswagenwerk, AG. (VWAG), for summary judgment (53 N.Y.2d 639). The Court of Appeals stressed that an issue of fact existed as to whether VWAG was the installer of anchors defective in design or in manufacture or installation. The highest court indicated that defendant and third-party plaintiff Luby Volkswagen...

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