McLAIN v. AL TURI LANDFILL, INC.


147 A.D.2d 620 (1989)

Paul McLain et al., Appellants, v. Al Turi Landfill, Inc., Defendant, and Browning-Ferris Industries of New York, Inc., Respondent

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

February 21, 1989


Ordered that the order is reversed, with costs, the motion is denied and the complaint and third-party complaint, together with any cross claims for indemnification, are reinstated.

Contrary to the conclusions of the Supreme Court, we find that the respondent has not established that it is entitled to a judgment dismissing the complaint, as a matter of law. The record reveals, inter alia, that the respondent owned the equipment which had been utilized by the...

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