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NUGENT v. PRO-TEK MAINTENANCE

184 Misc.2d 813 (2000)

711 N.Y.S.2d 290

MARGARET NUGENT, Plaintiff, v. PRO-TEK MAINTENANCE SYSTEM, INC., Defendant and Third-Party Plaintiff-Respondent. BUTCHER POLISH CO. et al., Third-Party Defendants, and WALDBAUM SUPERMARKETS, INC., Third-Party Defendant-Appellant.

Supreme Court, Appellate Term, First Department.

May 9, 2000.

Attorney(s) appearing for the Case

Boeggeman, George, Hodges & Corde, P. C., White Plains (Jeanne M. Hurley and George S. Hodges of counsel), for third-party defendant-appellant.

Gladstein & Isaac, New York City (Robert L. Boydstun and Brian J. Isaac of counsel), for defendant and third-party plaintiff-respondent.

PARNESS, P. J., and McCOOE, J., concur; DAVIS, J., dissents in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Order entered December 23, 1998 insofar as appealed from reversed, with $10 costs, and the third-party defendant's cross motion for summary judgment is granted. The clerk is directed to enter judgment in favor of third-party defendant dismissing the third-party complaint.

The underlying negligence action stems from allegations that plaintiff, while employed as a "front-end" supervisory cashier at a Waldbaum supermarket...

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