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MILLER v. MOTT'S INC.

5 A.D.3d 1019 (2004)

773 N.Y.S.2d 727

FRANCIS K. MILLER et al., Plaintiffs, v. MOTT'S INC., Doing Business as MOTT'S NORTH AMERICA, INC., Defendant and Third-Party Plaintiff-Respondent-Appellant. J.J. YOUNG CO., INC., Third-Party Defendant-Appellant-Respondent.

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

March 19, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by vacating the second ordering paragraph, granting the cross motion and staying the trial of the third-party action pending determination of the issue of special employment by the Workers' Compensation Board and as modified the order is affirmed without costs.

Memorandum:

Third-party plaintiff, Mott's Inc...

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