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DE BRINO v. BENAQUISTA & BENAQUISTA REALTY, INC.

154 A.D.2d 812 (1989)

Michael J. De Brino, Jr., Individually and as Administrator of The Estate of Eileen M. De Brino, Deceased, Appellant, v. Benaquista and Benaquista Realty, Inc., Defendant and Third-Party Plaintiff. B & N Floor Covering Company, Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendant

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

October 19, 1989

Yesawich, Jr., J.

The facts underlying this tort action are set forth in an earlier appeal (135 A.D.2d 1044). As noted there, plaintiff's decedent attempted to assert a wrongful death claim directly against, among others, third-party defendant B & N Floor Covering Company, Inc. (hereinafter B & N). Supreme Court sua sponte allowed plaintiff to amend the complaint in the original action. Our modification...

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