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FISHER 40TH & 3RD COMPANY v. WELSBACH ELECTRIC CORP.

266 A.D.2d 169 (1999)

699 N.Y.S.2d 21

FISHER 40TH & 3RD COMPANY et al., Appellants, v. WELSBACH ELECTRIC CORP. et al., Respondents. CHARLES SULLIVAN et al., Respondents, v. FISHER 40TH & 3RD COMPANY et al., Defendants. (And Other Actions.)

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

Decided November 30, 1999.

The Fisher plaintiffs and plaintiff Hawaiian Realty herein are defendants in two personal injury actions (actions 1 and 3; action 2, previously consolidated with actions 1 and 3, has been settled) arising from a fire in Fisher's commercial building. Plaintiff in action 1 is an injured firefighter; plaintiffs in action 3 have not appeared in this appeal. Fisher defendants and third-party plaintiffs commenced a third-party action...

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