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LEE v. ASTORIA GENERATING COMPANY, L.P.

Index Number: 400173/2004 Index No. 590721/2004 Motion Seq. No. 003

2007 NY Slip Op 34371 (U)

JAMES D. LEE, Plaintiff, v. ASTORIA GENERATING COMPANY, L.P., ORION POWER NEW YORK GP, INC., ORION POWER NEW YORK, L.P., ORION POWER NEW YORK LP, LLC, Defendants. ASTORIA GENERATING COMPANY, L.P., ORION POWER NEW YORK GP, INC., ORION POWER NEW YORK, L.P., ORION POWER NEW YORK LP, LLC, Third-Party Plaintiffs, v. ELLIOTT TURBOMACHINERY CO., INC. and ELLIOTT COMPANY, Third-Party Defendants.

Supreme Court of the State of New York, New York County.

Motion Date: January 18, 2007

DECISION/ORDER

CAROL ROBINSON EDMEAD, J.S.C.

MEMORANDUM DECISION

Before this Court is the motion of Third-Party Defendants Elliott Turbomachinery Co., Inc. and Elliott Company, former employer of Plaintiff James D. Lee, for an order pursuant to CPLR 3212 granting summary judgment dismissing the third-party complaint and the underlying complaint in its entirety. Also before this Court is a cross-motion by Third-Party Plaintiffs...

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