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KRACKER v. SPARTAN CHEM. CO., INC.

183 A.D.2d 810 (1992)

Edith Kracker, Individually and as Administratrix of The Estate of Walter Kracker, Deceased, Appellant, v. Spartan Chemical Co., Inc., Defendant and Third-Party Plaintiff-Appellant, and Fine Organics Corporation et al., Respondents. Manhattan and Bronx Surface Transit Operating Authority, Third-Party Defendant-Respondent

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

May 18, 1992

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

Walter Kracker, the plaintiff's late husband, was a bus driver for 22 years, who, between 1979 and 1986, worked overtime shifts moving buses around in a garage operated by the Manhattan and Bronx Surface Transit Operating Authority (hereinafter MABSTOA). His overtime duties as a "shifter" included moving buses into and out of the wash area and refueling areas of the garage, and then...

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