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KANNEY v. GOODYEAR TIRE & RUBBER CO.

245 A.D.2d 1034 (1997)

667 N.Y.S.2d 163

Patricia Kanney, Individually and as Administratrix of The Estate of William H. Kanney, Deceased, Respondent, v. Goodyear Tire & Rubber Co., Respondent-Appellant, and Oldman Boiler Works, Inc., Appellant-Respondent and Third-Party Plaintiff. Niagara Coating Services, Inc., Third-Party Defendant-Appellant

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

December 31, 1997

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff's decedent, an employee of third-party defendant, Niagara Coating Services, Inc. (Niagara), died when he fell from a scaffold that had been erected by defendant-third-party plaintiff, Oldman Boiler Works, Inc. (Oldman), on property owned by defendant The Goodyear Tire and Rubber Company (Goodyear). Pursuant to its contract with Goodyear, Oldman...

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