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OTTAVIANO v. GENEX COOP.

3 Misc.3d 1024 (2004)

775 N.Y.S.2d 802

MICHAEL C. OTTAVIANO, Plaintiff, v. GENEX COOPERATIVE, INC., et al., Defendants. GENEX COOPERATIVE, INC., et al., Defendants and Third-Party Plaintiffs, v. PRAXAIR, INC., et al., Third-Party Defendants.

Supreme Court, Erie County.

March 23, 2004.

Attorney(s) appearing for the Case

Reed Smith, LLP (Paul P. Rooney of counsel), and Ford, Marrin, Esposito, Witmeyer & Gleser, LLP (Michael J. Tricarico and Stuart C. Levene of counsel), for Genex Cooperative, Inc., defendant and third-party plaintiff.

Andrews, Bernstein & Maranto, LLP (Benjamin J. Andrews of counsel), for Praxair, Inc., third-party defendant.

Hodgson Russ (Hugh M. Russ, III, of counsel), for BS & B Safety Systems, Inc., third-party defendant.

Phillips, Lytle, Hitchcock, Blaine & Huber, LLP (Peter T. Braun of counsel), and Lustig & Brown, LLP (Maurice L. Sykes of counsel), for MVE, Inc., defendant and third-party plaintiff.

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, LLP (James T. Scime of counsel), for plaintiff.

OPINION OF THE COURT

EUGENE M. FAHEY, J.

At issue before this court is the proposal of defendant Praxair, and its carrier Allianz, to substitute counsel for defendant Genex pursuant to an indemnification agreement.

Procedural History

Plaintiff, Michael C. Ottaviano, commenced this action for injuries he received on December 19, 1998, when a tank he was filling with liquid nitrogen ruptured and he was severely injured. Three third-party...

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