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FLEX-O-VIT USA, INC. v. NIAGARA MOHAWK POWER CORPORATION

292 A.D.2d 764 (2002)

739 N.Y.S.2d 785

FLEX-O-VIT USA, INC., Appellant, v. NIAGARA MOHAWK POWER CORPORATION et al., Defendants, and RODMAN VENTILATING CO., INC., Respondent. (Appeal No. 1.)

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

Decided March 15, 2002.

It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously reversed on the law with costs, the motion is denied and the fourth amended complaint and cross claims against defendant Rodman Ventilating Co., Inc. are reinstated.

Memorandum:

Plaintiff commenced this action seeking to recover damages caused by a fire that occurred on July 4, 1995 at its manufacturing plant. The fourth amended complaint sets forth causes...

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