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LUCKERN v. LYONSDALE

229 A.D.2d 249 (1997)

654 N.Y.S.2d 543

Scott A. Luckern et al., Appellants, v. Lyonsdale Energy Limited Partnership et al., Defendants. Mitsubishi Heavy Industries America, Inc., et al., Respondents

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

March 14, 1997

Attorney(s) appearing for the Case

Kernan & Kernan, P. C., Utica (Kevin Martin of counsel), for appellants.

Harter, Secrest & Emery, Rochester (Richard E. Alexander of counsel), for Mitsubishi Heavy Industries America, Inc., respondent.

Joseph A. Ables, Syracuse (Kathleen D. Foley of counsel), and Ann K. Kandel, Hauppauge, for Frank Lill & Son, Inc., respondent.

DENMAN, P. J., GREEN, BOEHM and FALLON, JJ., concur.

BALIO, J.

Scott A. Luckern (plaintiff) was employed as an electrical engineer by Ciambro Corporation. On July 23, 1992, plaintiff was working on a steam generator system that was being installed as part of the construction of a power plant in Lyons Falls, New York. A rupture dome or disc located on the top of a large cylindrical condenser tank "suddenly imploded",...

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