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SMITH v. NESTLE PURINA PETCARE CO.

266 CA 12-01554.

105 A.D.3d 1384 (2013)

966 N.Y.S.2d 292

2013 NY Slip Op 2892

PAUL J. SMITH, Respondent, v. NESTLE PURINA PETCARE COMPANY, Appellant and Third-Party Plaintiff-Appellant-Respondent. E.E. AUSTIN & SON, INC., Third-Party Defendant-Respondent-Appellant.

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

Decided April 26, 2013.

Appeal and cross appeal from an order of the Supreme Court, Chautauqua County (James H. Dillon, J.), entered February 17, 2012. The order denied the motions of defendant-third-party plaintiff and the cross motion of third-party defendant for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting those parts of the motion of defendant-third-party plaintiff and the cross motion of third-party defendant for...

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