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HARRELL v. KOPPERS CO., INC.

217 A.D.2d 604 (1995)

629 N.Y.S.2d 778

Russell Harrell, Appellant, v. Koppers Company, Inc., Defendant and Third-Party Plaintiff-Respondent-Appellant. Johns-Manville Products Corporation et al., Third-Party Defendants; Long Island Lighting Company et al., Third-Party Defendants-Respondents

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

July 17, 1995

Ordered that the order dated October 26, 1993 is affirmed, with costs to the defendant third-party plaintiff; and it is further,

Ordered that the appeal from the order dated September 21, 1993, is dismissed as academic, with two bills of costs to the third-party defendants Long Island Lighting Company and Dravo Corporation.

Because the plaintiff was first exposed to the defendant's product, a coal-tar product known as pitch, in 1956, any cause of action for...

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