LONIS v. NORMAN'S ROOFING AND SIDING CO. INC.


306 A.D.2d 922 (2003)

762 N.Y.S.2d 318

JOHN C. LONIS et al., Appellants, v. NORMAN'S ROOFING AND SIDING CO., INC., et al., Respondents. TIMOTHY O'BRIEN, Third-Party Plaintiff, v. HASTINGS-FISHER FUEL CO., INC., Third-Party Defendant-Respondent.

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

Decided June 13, 2003.


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

Memorandum:

Plaintiffs commenced this action in May 1994 seeking damages for injuries sustained by John C. Lonis (plaintiff) resulting from emissions from a furnace installed in plaintiffs' home. Supreme Court properly granted the motion of defendant Timothy O'Brien and the cross motion of defendant

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