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McDONNELL v. CHELSEA MANUFACTURERS, INC.

259 A.D.2d 677 (1999)

686 N.Y.S.2d 850

SHEILA McDONNELL et al., Appellants-Respondents, v. CHELSEA MANUFACTURERS, INC., et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants, and FRANK M. ESEMPLARE et al., Respondents. CIBA-GEIGY CORPORATION et al., Third-Party Defendants. (Action No. 1.) SHEILA McDONNELL et al., Plaintiffs, v. CIBA-GEIGY CORPORATION et al., Defendants. (Action No. 2.)

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

Decided March 22, 1999.

Ordered that the application of the defendants third-party plaintiffs Chelsea Manufacturers, Inc., and Modern Wholesale Drug Co., for leave to withdraw their cross appeal is granted, and the cross appeal is deemed withdrawn; and it is further,

Ordered that the order is reversed, the motion is denied, and the complaint and all cross claims and counterclaims insofar as asserted against the defendants Frank Michael Esemplare and Frank Michael Esemplare, P. C., are reinstated...

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