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HUTHMACHER v. DUNLOP TIRE CORPORATION

28 A.D.3d 1166 (2006)

815 N.Y.S.2d 385

MARY-BETH K. HUTHMACHER, as Administratrix of the Estate of MICHAEL D. HUTHMACHER, Deceased, Individually, and as Mother and Natural Guardian of C.M.H. and Another, Infants, et al., Plaintiffs, v. DUNLOP TIRE CORPORATION et al., Defendants. GOODYEAR DUNLOP TIRES NORTH AMERICA, LTD., Third-Party Plaintiff-Respondent, v. NICHOLSON & HALL CORPORATION, Third-Party Defendant-Respondent-Appellant. ALLIANZ UNDERWRITERS INSURANCE COMPANY, Intervenor-Appellant-Respondent.

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

April 28, 2006.

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

Memorandum:

Plaintiffs commenced this action seeking damages for the injuries sustained by Michael D. Huthmacher (decedent), as well as for his wrongful death, resulting from decedent's fall at a work site. This Court previously affirmed an order granting plaintiffs' motion for partial summary judgment on the issue of liability under Labor Law...

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