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COMER v. TITAN TOOL, INC.

No. 93 Civ. 1066 (RWS).

875 F.Supp. 255 (1995)

Delores A. COMER and Patricia V. Edelson, Individually and as Personal Representatives and Co-Administrators of the Estate of Michael T. Comer, Deceased, Plaintiffs, v. TITAN TOOL, INC., Defendant. TITAN TOOL, INC., Third-Party Plaintiff, v. ROCK & WATERSCAPE SYSTEMS, INC., Third-Party Defendant.

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

February 17, 1995.

Attorney(s) appearing for the Case

Kreindler & Kreindler, New York City (Steven R. Pounian, of counsel), for plaintiff.

Lester Schwab Katz & Dwyer, New York City (Saul Wilensky and Carl J. Schaerf, of counsel), for defendant and third-party plaintiff.

Cooper Kardaras & Scharf, New York City (William P. Kardaras, of counsel), for third-party defendant.

OPINION

SWEET, District Judge.

In this diversity action for wrongful death, third-party defendant moves, pursuant to Fed.R.Civ.P. 56, for an order granting summary judgment and dismissing the third-party complaint. For the reasons set out below, R & W's motion will be denied.

The Parties

Plaintiffs Delores Comer ("Delores"), wife of Michael Comer ("Comer"), the deceased, and Patricia Edelson ("Edelson") Comer's mother...

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