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MONTANA v. DAVID MARKOWITZ METAL CO., INC.

336 CA 19-01506.

186 A.D.3d 1045 (2020)

127 N.Y.S.3d 393

2020 NY Slip Op 04657

James Montana et al., Individually and as Husband and Wife, Plaintiffs, v. David Markowitz Metal Co., Inc., Defendant/Third-Party Plaintiff-Respondent, et al., Defendant. Revere Copper Products, Inc., Third-Party Defendant-Appellant.

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

Decided August 20, 2020.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced an action against, among others, David Markowitz Metal Co., Inc. (Markowitz) seeking damages for injuries sustained by James Montana (plaintiff), who was injured while cutting steel bands off of a bale of brass in the course of his employment with third-party defendant, Revere Copper Products, Inc. (Revere). Markowitz then commenced a third...

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