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PRESTON v. APCH, INC.

CA 11-00169.

89 A.D.3d 65 (2011)

930 N.Y.S.2d 722

2011 NY Slip Op 7107

TRACY PRESTON, as Administrator of the Estate of ERIC S. LEHMAN, Deceased, Respondent, v. APCH, INC., et al., Appellants.

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

Decided October 7, 2011.

Attorney(s) appearing for the Case

Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo ( Jeffrey F. Baase of counsel), for defendants-appellants.

Lawrence A. Schulz , Orchard Park, for plaintiff-respondent.

CENTRA, J.P., SCONIERS, GREEN and MARTOCHE, JJ., concur.

OPINION OF THE COURT

FAHEY, J.

Plaintiff commenced this action seeking damages for the wrongful death and conscious pain and suffering of plaintiff's decedent resulting from an accident that occurred while he was an employee of defendant Alstom Power, Inc. (Alstom). Defendants moved to dismiss the amended complaint against them, and Supreme Court granted that part of the motion with respect to the seventh cause of action against the three defendants to the...

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