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ASHLINE v. KESTNER ENG'RS

219 A.D.2d 788 (1995)

631 N.Y.S.2d 783

Paul D. Ashline, Sr., et al., Plaintiffs, v. Kestner Engineers, P. C., et al., Defendants and Third-Party Plaintiffs, and Schultz Construction, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants. City of Cohoes, Third-Party Defendant-Appellant-Respondent. (Action No. 1.) Keith W. Phoenix et al., Plaintiffs, v. Kestner Engineers, P. C., et al., Defendants and Third-Party Plaintiffs, and Schultz Construction, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants. City of Cohoes, Third-Party Defendant-Appellant-Respondent, et al., Third-Party Defendant. (Action No. 2.) City of Cohoes, Appellant-Respondent, v. Schultz Construction, Inc., et al., Respondents-Appellants, et al., Defendants. (Action No. 3.)

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

September 22, 1995

Cardona, P. J.

On July 7, 1989, a sewer pump station owned and operated by the City of Cohoes was destroyed as the result of an explosion. At the time the incident occurred, two of the City's employees were working inside the station and were severely injured. Several actions and third-party actions were commenced which were ultimately consolidated into the three present actions, the first two being the employees...

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