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HAMMOND v. ALEKNA CONSTRUCTION, INC.

269 A.D.2d 773 (2000)

703 N.Y.S.2d 332

GINA M. HAMMOND, Respondent-Appellant, v. ALEKNA CONSTRUCTION, INC., et al., Appellants-Respondents, and STETSON-HARZA, INC., Also Known as HARZA NORTHEAST, INC., et al., Respondents, et al., Defendants. ANTHONY J. SISTI et al., Respondents-Appellants, v. ALEKNA CONSTRUCTION, INC., et al., Appellants-Respondents, and STETSON-HARZA, INC., Also Known as HARZA NORTHEAST, INC., et al., Respondents, et al., Defendants. CANDICE O'SHEA, Respondent-Appellant, v. ALEKNA CONSTRUCTION, INC., et al., Appellants-Respondents, and STETSON-HARZA, INC., Also Known as HARZA NORTHEAST, INC., et al., Respondents, et al., Defendants. RIMA BADALIANS, Respondent-Appellant, v. ALEKNA CONSTRUCTION, INC., et al., Appellants-Respondents, and STETSON-HARZA, INC., Also Known as HARZA NORTHEAST, INC., et al., Respondents, et al., Defendants. JUDITH L. JONES, Respondent-Appellant, v. ALEKNA CONSTRUCTION, INC., et al., Appellants-Respondents, and STETSON-HARZA, INC., Also Known as HARZA NORTHEAST, INC., et al., Respondents, et al., Defendants. UNITED STATES MINERAL PRODUCTS COMPANY, Doing Business as ISOLATEK INTERNATIONAL, Third-Party Plaintiff-Appellant, v. UTICA CITY SCHOOL DISTRICT et al., Third-Party Defendants, and ENJEM'S, Third-Party Defendant-Respondent-Appellant. ENJEM'S, INC., Fourth-Party Plaintiff, v. ARMSTRONG WORLD INDUSTRIES, INC., et al., Fourth-Party Defendants-Respondents.

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

Decided February 16, 2000.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs commenced toxic tort personal injury actions seeking damages for injuries allegedly arising from exposure to toxic materials in Donovan Junior High School in the 1992-1993 school year. Previously, we affirmed the order denying the motion of defendant Stetson-Harza, Inc., also known as Harza Northeast, Inc. (Harza), for summary judgment dismissing...

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