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CARMINUCCI v. PEPSICO, INC.

236 A.D.2d 499 (1997)

653 N.Y.S.2d 946

Mark T. Carminucci et al., Respondents, and Madrone Excavating Company, Inc., Intervenor-Appellant, v. Pepsico, Inc., et al., Defendants. (And a Third-Party Action.)

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

February 18, 1997

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion of Madrone Excavating Company, Inc., which was to compel the plaintiffs to reimburse ITT Hartford Accident Indemnity Company in full for workers' compensation benefits it paid to Mark T. Carminucci is granted, the plaintiffs' cross motion is denied, and the matter is remitted to the Supreme Court, Westchester County, for a hearing to determine the total amount of...

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