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PASQUERELLA v. ESTEY CORP.

249 A.D.2d 456 (1998)

671 N.Y.S.2d 311

Joanne Pasquerella, Respondent, v. Estey Corporation, Defendant, and Inter County Business Machines & Repair Service, Inc., Appellant. (And a Third-Party Action.)

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

April 20, 1998

Ordered that the order is affirmed insofar as appealed from, with costs.

There exist triable issues of fact as to whether the appellant negligently performed its duties to repair and service the electronic filing system involved in this case, and whether such negligence contributed to the plaintiff's injuries (see, Palka v Servicemaster Mgt. Servs. Corp., 83 N.Y.2d 579; ...

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