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DUFFY v. LIBERTY MACH. CO., INC.

219 A.D.2d 613 (1995)

631 N.Y.S.2d 389

James E. Duffy et al., Respondents, v. Liberty Machine Co., Inc., Defendant and Third-Party Plaintiff, et al., Defendant, and Gaf Corporation, Defendant and Third-Party Plaintiff-Appellant Tarkett, Inc., Third-Party Defendant-Appellant

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

September 18, 1995

Ordered that the appeal of Tarkett, Inc., is dismissed as withdrawn; and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof which denied the branch of GAF Corporation's motion which was for summary judgment dismissing the plaintiffs' first cause of action based upon strict products liability, and substituting therefor a provision granting that branch of GAF Corporation's motion; as so modified, the order is affirmed insofar...

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