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MURRAY v. T.W. SMITH CORPORATION

296 A.D.2d 445 (2002)

744 N.Y.S.2d 901

MICHAEL MURRAY et al., Appellants, v. T.W. SMITH CORPORATION, Defendant and Third-Party Plaintiff-Respondent. ESAB GROUP, INC., Doing Business as L-TEC WELDING & CUTTING SYSTEMS, INC., Third-Party Defendant-Respondent; LENCO, INC., et al., Third-Party Defendants.

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

Decided July 8, 2002.

Ordered that the order is reversed, on the law, with one bill of costs, the motion is granted, the cross motions are denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings.

The order appealed from contains no explanation for denying the plaintiffs' motion to restore this action to the calendar and granting the separate cross motions of ESAB Group, Inc...

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