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SEXTON v. CINCINNATI INCORPORATED

2 A.D.3d 1408 (2003)

769 N.Y.S.2d 773

JOSEPH SEXTON, Respondent, v. CINCINNATI INCORPORATED, Also Known as CINCINNATI, INC., et al., Defendants. NAMCO CONTROLS CORP. et al., Third-Party Plaintiffs-Respondents, v. PHOENIX METAL FABRICATING, INC., Third-Party Defendant-Appellant. ROCKFORD SYSTEMS, INC., Third-Party Plaintiff-Respondent, v. PHOENIX METAL FABRICATING, INC., Third-Party Defendant-Appellant. CINCINNATI INCORPORATED, Also Known as CINCINNATI, INC., Third-Party Plaintiff-Respondent, v. PHOENIX METAL FABRICATING, INC., Third-Party Defendant-Appellant. (Action No. 1.) JOSEPH SEXTON, Respondent, v. NI JEF ELECTRIC INCORPORATED, Defendant and Third-Party Plaintiff-Respondent, and PHOENIX METAL FABRICATING, INC., Third-Party Defendant-Appellant. (Action No. 2.)

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

December 31, 2003.

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

Memorandum:

Supreme Court properly denied the motion of third-party defendant, Phoenix Metal Fabricating, Inc. (Phoenix), seeking summary judgment dismissing the third-party complaints. Plaintiff commenced these actions to recover damages for injuries he sustained during the course of his employment with Phoenix when his hands were crushed by...

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