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BOWERS v. MERCHANTS MUTUAL INSURANCE COMPANY

266 A.D.2d 875 (1999)

697 N.Y.S.2d 450

PETER M. BOWERS, Individually and Doing Business as ONONDAGA MANAGEMENT COMPANY, Plaintiff, v. MERCHANTS MUTUAL INSURANCE COMPANY et al., Defendants. JAMES RIVER PAPER COMPANY, INC., Third-Party Plaintiff-Respondent, v. THOMPSON & JOHNSON EQUIPMENT COMPANY, INC., Third-Party Defendant-Appellant.

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

Decided November 12, 1999.

Order modified on the law and as modified affirmed without costs in accordance with the following Memorandum: On July 18, 1995, a warehouse owned by plaintiff and rented to defendant and third-party plaintiff, James River Paper Company, Inc. (James River), was destroyed by fire. Plaintiff commenced this action against James River and others, alleging that a propane tank attached to a forklift being used by James River exploded, causing the fire. James River commenced a third...

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