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NAGEL v. METZGER

120 Misc.2d 796 (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. 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.

August 15, 1983

Attorney(s) appearing for the Case

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

JOSEPH D. MINTZ, J.

Third-party defendants Edward Metzger and Doris Metzger move for reargument of their motion for summary judgment, pursuant to CPLR 2221 and 3212, dismissing the third-party complaints of Bethlehem Steel Corporation, A-T-O, Inc., and T. W. Truck Equippers, Inc. Movants earlier applied for summary judgment and this court rendered its decision by memorandum dated March 8, 1983 (

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