GLEASON v. HOLMAN CONTRACT


170 Misc.2d 668 (1996)

649 N.Y.S.2d 647

Timothy Gleason et al., Plaintiffs, v. Holman Contract Warehousing, Inc., et al., Defendants. Holman Contract Warehousing, Inc., Third-Party Plaintiff, v. Transport Associates, Inc., Third-Party Defendant.

Supreme Court, Albany County.

September 18, 1996


Attorney(s) appearing for the Case

Robert A. Murphy, Jr., Albany, for Holman Contract Warehousing, Inc., defendant and third-party plaintiff. F. Douglas Novotny, Albany, for Transport Associates, Inc., third-party defendant. Powers & Santola, Albany, for plaintiffs. Friedman, Hirschen, Miller, Coughlin & Campito, P. C., Schenectady, for Customized Transportation, Inc., defendant. Carter, Conboy, Case, Blackmore, Napierski & Maloney, P. C., Albany, for General Electric Company and others, defendants. Horigan, Horigan, Pennock & Lombardo, P. C., Amsterdam, for Sears Logistic Services, Inc., and another, defendants. New York State Trial Lawyers Association, Syracuse (Robert Lahm of counsel), amicus curiae.


JOSEPH HARRIS, J.

THE ISSUES

Trial of the above-consolidated actions is scheduled to commence on September 30, 1996. The third-party defendant, Transport Associates., Inc., was the plaintiff's employer at the time of the accident giving rise to these actions. Transport Associates, Inc., is under the protection of a bankruptcy court in Kentucky. While it appears that the third-party action against...

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