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NEUMIRE v. KRAFT FOODS, INC.

291 A.D.2d 784 (2002)

737 N.Y.S.2d 457

DANIEL H. NEUMIRE, SR., et al., Appellants-Respondents, v. KRAFT FOODS, INC., Respondent and Third-Party Plaintiff-Respondent. R & L PERRY CONSTRUCTION, INC., Third-Party Defendant-Respondent-Appellant, et al., Third-Party Defendant. (Appeal No. 2.)

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

Decided February 1, 2002.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this action to recover damages for injuries sustained by Daniel H. Neumire, Sr. (plaintiff) in a flash fire that erupted after he entered a 5,000-gallon lift station tank that is part of a septic system at a cheese plant owned by defendant, Kraft Foods, Inc. (Kraft). Plaintiff, an employee of third-party defendant...

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