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INDUS. BANK v. JP MORGAN

192 Misc.2d 225 (2002)

745 N.Y.S.2d 821

MICHAEL SCANLAN, an Infant, by His Father and Natural Guardian, MICHAEL SCANLAN, SR., et al., Plaintiffs, v. TILCON NEW YORK INC. et al., Defendants.

Supreme Court, Rockland County.

July 11, 2002.

Attorney(s) appearing for the Case

Ballon Stoll Bader & Nadler, P.C., New York City, for Tilcon New York Inc., defendant.

Gallet Dreyer & Berkey, LLP, New York City, for Accurate Security Company, Inc., defendant.

Barton, Barton & Plotkin, New York City, for plaintiffs.

OPINION OF THE COURT

WILLIAM E. SHERWOOD, J.

The plaintiffs bring this action against Tilcon New York Inc. (Tilcon), and Accurate Security Company, Inc. (Accurate) for personal injuries sustained by the infant plaintiff, Michael Scanlan, Jr., at the Tilcon Tomkins Cove rock quarry. Michael Scanlan, Sr. has asserted a derivative claim for loss of services of his son and to recover medical expenses.

On October 12, 1997 at approximately 5:00 P.M., the...

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