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REICH v. GRAYMILLS CORP.

198 A.D.2d 759 (1993)

605 N.Y.S.2d 1019

Thomas Reich et al., Respondents, v. Graymills Corporation, Defendant and Third-Party Plaintiff-Respondent. D.A. Griffin Corporation, Third-Party Defendant-Respondent Thomas Reich et al., Respondents, v. Safety Kleen Corporation, Defendant, and A.T. Supply Inc., Appellant

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

November 19, 1993

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of A.T. Supply, Inc. (A.T. Supply) for summary judgment on its claim for common-law indemnification against defendant Graymills Corporation (Graymills). The record fails to establish, as a matter of law, that A.T. Supply's potential liability for failure to warn, as the seller of an allegedly defective product, arises...

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