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SHELDON v. HENDERSON & JOHNSON CO., INC.

852 CA 10-00089.

75 A.D.3d 1155 (2010)

906 N.Y.S.2d 413

JAMES P. SHELDON et al., Appellants, v. HENDERSON & JOHNSON CO., INC., et al., Respondents.

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

Decided July 9, 2010.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion of defendant POMCO, Inc. in part and reinstating the common-law negligence claim and the derivative cause of action against that defendant and as modified the order is affirmed without costs.

Memorandum: Plaintiffs commenced this Labor Law and common-law negligence action seeking damages for injuries sustained by...

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