HART v. HYTROL CONVEYOR CO., INC.

No. 91-CV-776.

823 F.Supp. 87 (1993)

Robert Allen HART and Sheri Hart, His Wife, Plaintiffs, v. HYTROL CONVEYOR CO., INC., Defendant. HYTROL CONVEYOR CO., INC., Third-party Plaintiff, v. DEL LABORATORIES, INC., w/Division known as LaSalle Laboratories, Third-party Defendant.

United States District Court, N.D. New York.

June 1, 1993.


Attorney(s) appearing for the Case

Julian and Pertz (Richard Pertz, of counsel), Utica, NY, for plaintiffs.

Costello, Cooney & Fearon (Vincent A. O'Neil, of counsel), Syracuse, NY, for defendant and third-party plaintiff.

Kathleen C. Sassani, Syracuse, NY, for third-party defendant.


MEMORANDUM-DECISION AND ORDER

HURD, Magistrate Judge.

I. INTRODUCTION.

This is a diversity case. The instant complaint was filed by plaintiffs on July 8, 1991, alleging that the defendant, Hytrol Conveyor Co., Inc. ("Hytrol"), designed and manufactured a conveyor belt in a defective and unsafe manner so as to cause personal injuries to the plaintiff, Robert Allen Hart. Sheri Hart sues derivatively. Hytrol filed an answer...

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