DAWSON v. SUBURBAN SALES & SERVICE, INC.


267 A.D.2d 733 (1999)

700 N.Y.S.2d 263

MICHAEL M. DAWSON et al., as Parents and Guardians of BENJAMIN DAWSON, an Infant, Plaintiffs, v. SUBURBAN SALES & SERVICE, INC., Defendant and Third-Party Plaintiff-Respondent. D.A. BENNETT, INC., Third-Party Defendant-Appellant, et al., Third-Party Defendants. (And Another Related Action.)

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

Decided December 16, 1999.


Yesawich Jr., J.

On August 9, 1995, an explosion destroyed a home and apparently seriously injured an occupant. Damage suits were brought against defendant Suburban Sales and Service, Inc., the company that furnished propane fuel to the home. In the course of those lawsuits, Suburban obtained an order directing third-party defendant D.A. Bennett, Inc., a heating contractor and not a party to those actions, to submit to a nonparty deposition. That deposition was conducted...

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