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  5. 60 N.Y.2d 871 (1983)
 

GERNATT ASPHALT PRODS., INC. v. BENSAL CONSTR., INC.

60 N.Y.2d 871 (1983)

Gernatt Asphalt Products, Inc., Appellant, v. Bensal Construction, Inc., et al., Defendants, and Aetna Casualty and Surety Company et al., Respondents. R. P. Myers, Inc., et al., Third-Party and Interpleader Plaintiffs-Respondents, v. Robert Smolinski et al., Third-Party and Interpleaded Defendants-Appellants; United States of America, Third-Party and Interpleaded Defendant-Respondent, et al., Third-Party and Interpleaded Defendants.

Court of Appeals of the State of New York.

Decided November 22, 1983.

Attorney(s) appearing for the Case

Frank T. Gaglione and Lawrence A. Schulz for plaintiff-appellant.

Richard J. Attea for third-party and interpleaded defendants-appellants.

John M. Wilson, II, for respondents.

Glen L. Archer, Jr., Assistant Attorney-General, Salvatore R. Martoche, United States Attorney, Joan I. Oppenheimer, Michael L. Paup and Richard W. Perkins for the United States of America, third-party and interpleaded defendant-respondent.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.

Order modified, with costs to appellants, to the extent of denying defendants' motions for summary judgment for the reasons stated in the dissenting in part memorandum at the Appellate Division (90 A.D.2d 993), and, as so modified...

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