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WARD v. DESACHEM CO.

No. 1325, Docket 85-7226.

771 F.2d 663 (1985)

John WARD and Patricia Ward, Plaintiffs-Appellants, v. The DESACHEM COMPANY and Lyndal Chemical, Inc., Defendants-Appellees. The DESACHEM COMPANY, Third-Party Plaintiff-Appellee, v. DAIRYLEA COOPERATIVE, INC., Third-Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 28, 1985.

Attorney(s) appearing for the Case

Patrick J. Fogarty, Mineola, N.Y. (Fogarty & Fogarty, P.C., Mineola, N.Y., Scott Fairgrieve, Mineola, N.Y., of counsel), for plaintiffs-appellants.

Michael A. Calandra, New York City (Dwyer, Peltz & Walker, New York City, of counsel), for defendant-appellee Lyndal Chemical.

Richard B. Marrin, New York City (Ford Marrin Esposito & Witmeyer, New York City, of counsel), for defendant-appellee The Desachem Company.

Alexander, Ash, Schwartz & Cohen, P.C., New York City, for third-party defendant-appellee Dairylea Cooperative, Inc.

Before LUMBARD, OAKES, and WINTER, Circuit Judges.

LUMBARD, Circuit Judge:

John and Patricia Ward, plaintiffs-appellants in this employment-related personal injury action, appeal from a February 21, 1985 decision and order of the Eastern District of New York, Mark A. Costantino, J. The challenged decision and order granted summary judgment in favor of defendants-appellees The Desachem Company ("Desachem") and Lyndal Chemical, Inc. ("Lyndal") on the ground that New York's three-year statute of limitations for personal...

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