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BRIGNOL v. WARREN ELEVATOR SERV. CO., INC.

240 A.D.2d 354 (1997)

657 N.Y.S.2d 768

Jean I. Brignol, Appellant, v. Warren Elevator Service Co., Inc., Defendant and Third-Party Plaintiff-Respondent. Pechter Baking Co., Inc., Third-Party Defendant-Respondent

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

June 2, 1997

Ordered that the order is reversed insofar as appealed from, with one bill of costs, the motions by the defendant third-party plaintiff and the third-party defendant for summary judgment dismissing the complaint and the third-party complaint, respectively, are denied, the order dated May 2, 1995, is vacated, and the complaint and third-party complaint are reinstated.

The plaintiff offered a sufficient excuse as to why the...

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