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PRATT v. GEORGE SPALTY SONS

135 Misc.2d 588 (1987)

William H. Pratt et al., as Executors of Jean M. Pratt, Deceased, Plaintiffs, v. George Spalty Sons, Inc., et al., Defendants. General Accident Group, Plaintiff, v. George Spalty Sons, Inc., et al., Defendants. Marley-Wylain Co., as Successor in Interest to Friedrich Air Conditioning & Refrigeration Co., Third-Party Plaintiff, v. Flair Manufacturing Corp., Third-Party Defendant.

Supreme Court, Monroe County.

May 21, 1987

Attorney(s) appearing for the Case

Faraci, Guadagnino, Lange & Johns (John A. Bryant of counsel), for William Pratt and another, plaintiffs. Harter, Secrest & Emery (Peter M. Blauvelt of counsel), for George Spalty Sons, Inc., defendant. Chamberlain, D'Amanda, Oppenheimer & Greenfield (Henry R. Ippolito of counsel), for Brandt Air Conditioning, Inc., defendant. Robert J. Burke and Leo G. Finucane for Ward Heating Supply Co., Inc., defendant. Harris, Beach, Wilcox, Rubin & Levey (William L. Dorr of counsel), for Marley-Wylain Co., defendant and third-party plaintiff. Bayer & Smith (Michael A. Reddy of counsel), for General Accident Group, plaintiff. Gough, Skipworth, Petralia, Summers, Eves & Trevett (Walter C. Eves of counsel), for third-party defendant.

DAVID O. BOEHM, J.

The decedent, Jean Pratt, died on February 19, 1979, 27 days after a fire destroyed her home. The fire was allegedly caused by defects in a gas furnace manufactured by Friedrich Air Conditioning and Refrigeration Co., predecessor in interest to defendant Marley-Wylain Co. In November 1980, the plaintiffs, executors of the decedent's estate, commenced this action seeking, in part, damages...

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