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DiDOMENICO v. C&S AEROMATICK

252 A.D.2d 41 (1998)

682 N.Y.S.2d 452

Frank DiDomenico et al., Appellants, v. C & S Aeromatik Supplies, Inc., Defendant, CA Aromatics Co., Appellant, and United Parcel Service, Respondent

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

December 28, 1998

Attorney(s) appearing for the Case

Henry Stanziale, Mineola, for appellants.

Harrington Ocko & Monk, L. L. P., White Plains (Glenn A. Monk and Gloria L. Bisogno of counsel), for appellant.

Hunton & Williams, New York City (Jeffrey W. Gutchess of counsel), for respondent.

MILLER, J. P., PIZZUTO and GOLDSTEIN, JJ., concur.

FRIEDMANN, J.

The question on this appeal is whether summary judgment should be granted to the plaintiff Frank DiDomenico (referred to as the plaintiff throughout this opinion, as Mrs. DiDomenico's claim is merely derivative), as well as to the codefendant CA Aromatics Co. (hereinafter CA) on its cross claims against the defendant United Parcel Service (hereinafter UPS), the

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