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TRYON v. SQUARE D COMPANY

275 A.D.2d 567 (2000)

712 N.Y.S.2d 676

JOAN TRYON, as Executor of RUSSELL E. TRYON, Deceased, Respondent, v. SQUARE D COMPANY et al., Appellants, et al., Defendant. (Action No. 1.) THOMAS R. VAUGHN et al., Respondents, v. SQUARE D COMPANY et al., Appellants. (And a Third-Party Action.) (Action No. 2.)

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

Decided August 17, 2000.

Graffeo, J.

Five motions for summary judgment have been brought by various defendants in these consolidated actions sounding in negligence, products liability and wrongful death arising from an electrical accident which occurred on July 8, 1991 at a lumber mill in the Town of Warrensburg, Warren County. Russell E. Tryon, a mill employee, was fatally injured in the accident and plaintiff Thomas R. Vaughn was seriously injured.

It is undisputed that, in the...

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