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LOPEZ v. SEARS, ROEBUCK & CO.

187 Misc.2d 165 (2001)

721 N.Y.S.2d 481

LEILANY LOPEZ, an Infant, by Her Mother and Natural Guardian, MARIBEL LOPEZ, et al., Plaintiffs, v. SEARS, ROEBUCK AND CO. et al., Defendants. SEARS, ROEBUCK AND CO., Third-Party Plaintiff, v. SCHINDLER ELEVATOR CORPORATION, Third-Party Defendant.

Supreme Court, Nassau County.

January 10, 2001.

Attorney(s) appearing for the Case

Keller O'Reilly & Watson, P. C., Woodbury (Scott C. Watson of counsel), for Schindler Elevator Corporation, defendant and third-party defendant.

Lynch Rowin Novak Burnbaum & Crystal, P. C., New York City (Patrick F. Comerford of counsel), for Sears, Roebuck & Co., defendant and third-party plaintiff.

Barr & Rosenbaum, L. L. P., Spring Valley (Michael T. Nowicki of counsel), for plaintiffs.

OPINION OF THE COURT

ANTONIO I. BRANDVEEN, J.

The third-party defendant Schindler Elevator Corporation moves for an order granting summary judgment pursuant to CPLR 3212 dismissing the complaint of the infant plaintiff and her mother and the third-party plaintiff claims of the defendant Sears, Roebuck and Co. The defendant Sears, Roebuck and Co. moves for an order granting summary judgment pursuant to CPLR 3212 dismissing the complaint of the infant plaintiff...

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