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RODSCHAT v. HERZOG SUPPLY CO., INC.

208 A.D.2d 1167 (1994)

617 N.Y.S.2d 586

Steve Rodschat, Respondent, v. Herzog Supply Company, Inc., Defendant and Third-Party Plaintiff. Allegheny International, Inc., et al., Third-Party Defendants; Emhart Corporation, Third-Party Defendant-Appellant

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

October 27, 1994

White, J.

Plaintiff commenced this personal injury action seeking damages for injuries he allegedly sustained when a maul he was using to split wood splintered. Thereafter, defendant brought a timely third-party action against, inter alia, Allegheny International, Inc. and Emhart Corporation. After the expiration of the Statute of Limitations, plaintiff, by order to show cause, moved to amend his complaint to add Allegheny as a direct defendant...

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