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SHUMAN v. ABEX CORPORATION

266 A.D.2d 878 (1999)

698 N.Y.S.2d 207

THOMAS R. SHUMAN et al., Appellants, v. ABEX CORPORATION et al., Defendants, and NAVISTAR INTERNATIONAL TRANSPORTATION CORPORATION, Formerly Known as INTERNATIONAL HARVESTER, Defendant-Respondent.

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

Decided November 12, 1999.

Order and judgment unanimously reversed on the law with costs, motion denied and complaint and cross claims against defendant Navistar International Transportation Corporation, f/k/a International Harvester, reinstated.

Memorandum:

Supreme Court erred in granting the motion of Navistar International Transportation Corporation, f/k/a International Harvester (defendant) for summary judgment dismissing the complaint...

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