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VERMETTE v. KENWORTH TRUCK CO.

68 N.Y.2d 714 (1986)

Elizabeth Vermette, as Administratrix of The Estate of Joseph F. Vermette, Deceased, Respondent, v. Kenworth Truck Company, a Division of Paccar, Inc., Respondent, and Green Truck Supply, Inc., Appellant. (And Two Third-Party Actions.)

Court of Appeals of the State of New York.

Decided July 8, 1986.

Attorney(s) appearing for the Case

Jane D. Martini for appellant.

Richard A. Kohn for plaintiff-respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and defendant Green Truck Supply's motion for summary judgment granted. Certified question answered in the affirmative.

We agree with the dissenting memorandum of Justice John T. Casey at the Appellate Division (111 A.D.2d 448, 450) that in light of the evidentiary proof tendered by Green in support...

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