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SHUTTER v. HILLSIDE MED. INVESTOR CORP.

192 A.D.2d 699 (1993)

597 N.Y.S.2d 114

Stuart Shutter et al., Plaintiffs, v. Hillside Medical Investor Corp. et al., Defendants, and Nuhill Automotive Corp., Defendant and Third-Party Plaintiff and Second Third-Party Plaintiff. Elsie Joerg, Second Third-Party Defendant-Appellant; Chevron Oil Corporation, Seventh Third-Party Plaintiff-Respondent; Leonard Joerg, Jr., et al., Seventh Third-Party Defendants-Appellants. (And Additional Third-Party Plaintiffs and Defendants.)

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

April 26, 1993

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

In the underlying action, the plaintiff Stuart Shutter alleged he sustained personal injuries on April 16, 1981, as a result of exposure to gasoline fumes that emanated from leaks in underground storage tanks located on the premises of a gasoline service station in proximity to his medical office. The appellants are the owners of the subject gas station and the respondent was an assignee of a...

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