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GABRIEL v. JOHNSTON'S L.P. GAS SERVICE, INC.

681 CA 15-01542.

143 A.D.3d 1228 (2016)

2016 NY Slip Op 06562

39 N.Y.S.3d 560

HUGO RAFAEL RAMIREZ GABRIEL, Also Known as CESAR MENDEZ, et al., Respondents, v. JOHNSTON'S L.P. GAS SERVICE, INC., Appellant, et al., Defendants. JOHNSTON'S L.P. GAS SERVICE, INC., Third-Party Plaintiff-Respondent, v. ANTHONY A. DEMARCO et al., Third-Party Defendants-Appellants. (Action No. 1.) (And Another Action.)

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

Decided October 7, 2016.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion of defendant Johnston's L.P. Gas Service, Inc. in part and dismissing all claims based on allegations that the propane gas was not properly odorized, and by granting that part of the motion of third-party defendants with respect to plaintiff Lucio Jimenez Gabriel, also known as Marco Antonio Jimenez, and further dismissing...

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