FAHEY v. A.O. SMITH CORPORATION

2008-11609, 2008-11667, 2008-11668.

77 A.D.3d 612 (2010)

908 N.Y.S.2d 719

MARY T. FAHEY, Individually and as Administratrix of the Estate of BRIAN D. FAHEY, Deceased, et al., Appellants, v. A.O. SMITH CORPORATION, Respondent, and RANDALL GORDON, Also Known as RANDY GORDON, et al., Appellants. (Action No. 1.) PATRICK BAKER et al., Appellants, v. LONG ISLAND GENERAL SUPPLY CO., INC., et al., Appellants, et al., Respondent. (Action No. 2.) BRIAN HARDY et al., Appellants, v. LONG ISLAND GENERAL SUPPLY CO., INC., et al., Appellants, et al., Respondent. (Action No. 3.).

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

Decided October 5, 2010.


Ordered that the order entered in action No. 1 is modified, on the law, by deleting the provision thereof granting those branches of the motion of the defendant A.O. Smith Corporation which were for summary judgment dismissing all causes of action and cross claims insofar as asserted against it in that action except those claims asserted pursuant to General Municipal Law § 205-a insofar as asserted against it, and substituting therefor a provision denying those branches...

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