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PERRINO v. BIMASCO, INC.

214 A.D.2d 716 (1995)

625 N.Y.S.2d 625

Annette Perrino, Individually and as Administratrix of The Estate of Pasquale Perrino, Deceased, Respondent, v. Bimasco, Inc., et al., Respondents, and Astec Industries, Incorporated, Defendant and Third-Party Plaintiff-Appellant. Suffolk Asphalt Material Corp., Third-Party Defendant-Respondent

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

April 24, 1995

Ordered that the order is reversed insofar as appealed from, on the law, with costs payable by the respondents, the motion of the defendant Astec Industries, Incorporated, is granted, and the complaint and all cross claims are dismissed insofar as they are asserted against it.

The Supreme Court erred in denying the motion for summary judgment of the defendant Astec Industries, Incorporated (hereinafter Astec). Pursuant to...

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