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ROTTINGER v. CRYO-DYNE CORP.

214 A.D.2d 664 (1995)

625 N.Y.S.2d 288

Robert Rottinger et al., Appellants, v. Cryo-Dyne Corp., Defendant and Third-Party Plaintiff-Respondent. Minnesota Valley Engineering, Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendant

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

April 17, 1995

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The injured plaintiff allegedly aggravated a pre-existing back injury when he attempted to move a certain nitrogen canister during the course of his employment. We agree with the Supreme Court that the defendant and the third-party defendant Minnesota Valley Engineering, Inc., made prima facie showings...

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