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KIELICH v. NICHOLSON & HALL

129 Misc.2d 556 (1985)

Thomas J. Kielich, Plaintiff, v. Nicholson & Hall Boiler & Welding Corporation, Defendant and Third-Party Plaintiff. American Steamship Company, Third-Party Defendant.

Supreme Court, Erie County.

September 5, 1985

Attorney(s) appearing for the Case

Harrison & Gruber (John F. Prescott, Jr., of counsel), for third-party defendant. Smith, Murphy & Schoepperle (Linda J. Marsh of counsel), for defendant and third-party plaintiff.

JOSEPH D. MINTZ, J.

Third-party defendant moves pursuant to CPLR 3211 to dismiss the third-party complaint on the grounds that it fails to set forth a cause of action, and, alternatively, the third-party claim is barred by the exclusivity of remedy provision of the applicable workers' compensation law, the Longshoremen's and Harbor Workers' Compensation Act (hereinafter LHWCA) found at 33 USC § 901

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