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SPINNICCHIA v. KARG BROTHERS, INC.

267 A.D.2d 689 (1999)

699 N.Y.S.2d 606

LESLEY A. SPINNICCHIA, as Executor of ROBERT A. SPINNICCHIA, Deceased, Plaintiff, v. KARG BROTHERS, INC., et al., Defendants and Third-Party Plaintiffs-Appellants. CALGON CORPORATION, Third-Party Defendant-Respondent.

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

Decided December 9, 1999.

Peters, J.

On September 9, 1992, Robert A. Spinnicchia (hereinafter decedent), a mechanical engineer employed by third-party defendant, Calgon Corporation, arrived at a tannery owned, managed and operated by defendant Karg Brothers, Inc. to gather data for a proposed sale of chemicals to Karg. Decedent was observed between 8:30 A.M. and 9:00 A.M. by Roger Warner, a supervisor at Karg, who offered him a sample of its wastewater from the treatment pit area. Declining...

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