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KAZMIERCZAK v. TOWN OF CLARENCE

292 A.D.2d 846 (2002)

738 N.Y.S.2d 472

MELVIN E. KAZMIERCZAK et al., Plaintiffs, v. TOWN OF CLARENCE et al., Defendants. CLARENCE CENTRAL SCHOOL DISTRICT et al., Third-Party Plaintiffs-Respondents, v. INDUSTRIAL POWER AND LIGHTING CORPORATION, Third-Party Defendant-Appellant.

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 so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Contrary to the contention of third-party defendant, Industrial Power and Lighting Corporation (IPL), Supreme Court properly denied its cross motion seeking summary judgment dismissing the amended third-party complaint. Plaintiffs commenced an action seeking damages for injuries sustained by Melvin E. Kazmierczak (plaintiff) when he...

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