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DuMORTIER v. BERNZ-O-MATIC

139 Misc.2d 303 (1988)

Geraldine DuMortier, as Guardian of Katie L. Reeves, et al., Plaintiffs, v. Bernz-O-Matic Corporation et al., Defendants. (Action No. 1.) Marjorie H. Martin et al., as Coadministrators of The Estate of Gary J. Martin, Deceased, Plaintiffs, v. Bernz-O-Matic Corporation et al., Defendants. (Action No. 2.)

Supreme Court, Saratoga County.

March 25, 1988

Attorney(s) appearing for the Case

Buchyn, O'Hare & Werner (Paul J. Campito of counsel), for Patricia McLoughlin, defendant. Snyder, Kiley & Toohey (Harry D. Snyder of counsel), for plaintiffs in action No. 1. Hogan, Lee & LeCours (Alan R. LeCours of counsel), for plaintiffs in action No. 2.

LOREN N. BROWN, J.

Defendant Patricia McLoughlin cross-moves for an order granting summary judgment dismissing the complaints and all cross claims against her. The motion is opposed by Marjorie and Carl Martin in action No. 2, and all plaintiffs in action No. 1.

On or about December 12, 1982, Roy David Reeves, Barry S. Powell and Gary J. Martin died as a result of carbon monoxide asphyxiation in a Volkswagen...

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