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BOVA v. CATERPILLAR, INC.

305 A.D.2d 624 (2003)

761 N.Y.S.2d 85

DAVID BOVA et al., Respondents-Appellants, v. CATERPILLAR, INC., Respondent-Appellant, and H.O. PENN MACHINERY COMPANY, INC., Defendant and Third-Party Plaintiff-Appellant. NORTHEAST PALLET AND CONTAINER CO., INC., et al., Third-Party Defendants-Appellants.

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

Decided May 27, 2003.

Ordered that the appeal by the defendant Caterpillar, Inc., is dismissed, as it is not aggrieved by the order and judgment appealed from; and it is further,

Ordered that the order and judgment is modified, on the law, by (1) deleting the provision thereof denying the motion of the defendant third-party plaintiff second third-party plaintiff, H.O. Penn Machinery Company, Inc., for summary judgment dismissing the complaint and all cross claims insofar as asserted against...

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