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

292 A.D.2d 768 (2002)

739 N.Y.S.2d 316

FLEX-O-VIT USA, INC., Appellant, v. NIAGARA MOHAWK POWER CORPORATION et al., Respondents, et al., Defendant. NIAGARA MOHAWK POWER CORPORATION, Third-Party Plaintiff, v. HAMBURG SHEET METAL, INC., Third-Party Defendant-Respondent. (Appeal No. 2.)

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 modified on the law by denying the motion of defendant Niagara Mohawk Power Corporation in part and reinstating the fourth amended complaint insofar as it asserts a cause of action for ordinary negligence against defendant Niagara Mohawk Power Corporation, and reinstating the cross claims against it, and by denying the cross motion of third-party defendant and reinstating...

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