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TEDESCO v. A.P. GREEN INDUSTRIES, INC.

21 A.D.3d 1418 (2005)

801 N.Y.S.2d 867

LENA C. TEDESCO, Individually and as Executrix of FRANK J. TEDESCO, Deceased, Respondent, v. A.P. GREEN INDUSTRIES, INC., et al., Defendants, and INSULATION DISTRIBUTORS, INC., Appellant and Third-Party Plaintiff-Appellant. E.I. DU PONT DE NEMOURS AND COMPANY, Third-Party Defendant-Respondent.

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

September 30, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the cross motion with respect to the third-party complaint and reinstating the third-party complaint and as modified the order is affirmed without costs.

Memorandum:

Plaintiff commenced an action (hereafter, underlying action) alleging that products supplied to E.I. du Pont de Nemours and Company (DuPont), her husband's former employer...

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