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BRUMBAUGH v. CEJJ, INC.

152 A.D.2d 69 (1989)

Dawn K. Brumbaugh, Individually and as Administratrix of The Estate of Charles W. Brumbaugh, Sr., Deceased, Respondent, v. CEJJ, Inc., Defendant, and EL Industries, Inc., Doing Business as Elgin Leach Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 9, 1989

Attorney(s) appearing for the Case

Carter, Conboy, Bardwell, Case, Blackmore & Napierski (Anne M. Hurley of counsel), for appellant.

Edward Rappaport (McClung, Peters & Simon [Lynda S. Doud of counsel), for respondent.

MAHONEY, P. J., KANE, MIKOLL and MERCURE, JJ., concur.

YESAWICH, JR., J.

Plaintiff's decedent was fatally injured while at work when a dumpster swung loose from a trash compactor and pinned him against his truck. Decedent's employer purchased the trash compactor from defendant CEJJ, Inc. The compactor was manufactured by Leach Company, which is not a party to this action. Plaintiff commenced suit against CEJJ and defendant EL Industries, Inc., Leach's exclusive ...

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