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ALVAREZ v. TELE-MECHANICS INC.

276 A.D.2d 513 (2000)

713 N.Y.S.2d 765

JOSE ALVAREZ et al., Respondents, v. TELE-MECHANICS INC., Sued Herein as TELEMECHANICS, INC., et al., Respondents, COMMERICAL ROOF SERVICES, Sued Herein as JOHN B. McGARRITY, Doing Business as COMMERCIAL ROOF SERVICE, Appellant, et al., Defendants. (And Related Third-Party Actions.) HARTFORD FIRE INSURANCE COMPANY, as Subrogee of TELEMECHANICS, INC., Respondent, v. MIDDLE EARTH LIMITED PARTNERSHIP et al., Respondents, et al., Defendants.

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

Decided October 10, 2000.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaints and all cross claims are dismissed insofar as asserted against the defendant Commercial Roof Services, and the actions against the remaining defendants and the third-party actions are severed.

The plaintiffs Jose Alvarez and Ulric Innocent were injured, and Oscar Armando Rivera was killed, when the roof of a warehouse in...

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