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STAROBIN v. RANDOLPH COMPUTER CORP.

No. 86 Civ. 1856 (LBS).

689 F.Supp. 323 (1988)

Israel STAROBIN and Ida Starobin, Plaintiffs, v. RANDOLPH COMPUTER CORPORATION, Randolph Capital Corp., Bancal Leasing Co., Inc., Bank of California, National Association, The Travelers Corp., and Rockford Safety Equipment Co., Defendants. BANCAL LEASING CO., INC., Bank of California, National Association, Third-Party Plaintiff, v. INSTRUMENT SYSTEMS CORPORATION and Niagara Machine & Tool Corporation, Third-Party Defendants. INSTRUMENT SYSTEMS CORPORATION, Second Third-Party Plaintiff, v. LIGHTRON OF CORNWALL, INC., Second Third-Party Defendant. BANCAL LEASING COMPANY, INC., Bank of California, National Association, Third Third-Party Plaintiffs, v. LIGHTRON OF CORNWALL, INC., Third Third-Party Defendant.

United States District Court, S.D. New York.

July 14, 1988.

Attorney(s) appearing for the Case

Julien & Schlesinger P.C., New York City, Stuart A. Schlesinger, Jeffrey A. Lichtman, of counsel, for plaintiffs.

Stroock & Stroock & Lavan, New York City, Brian M. Cogan, Roland G. Riopelle, of counsel, for Randolph Computer Corp., Randolph Capital Corp. and The Travelers Corp.

Frederick A. Murphy Associates, Goshen, N.Y., Sheila Rosenrauch, of counsel, for Bancal Leasing Co. and Bank of California, National Assn.

Kral, Clerkin, Redmond & Ryan, New York City, Bennett Lofaro, of counsel, for Lightron of Cornwall, Inc.

Garbarini, Scher & DeCicco P.C., New York City, Christopher Hough, of counsel, for Instrument Systems Corp.

Gordon & Silber, New York City, Peter T. Neill, of counsel, for Niagara Mach. & Tool Works Corp.

OPINION

SAND, District Judge.

I. STATEMENT OF FACTS

This is a third-party suit for indemnification for attorneys' fees, growing out of a products liability action. The Plaintiff, Israel Starobin, was allegedly injured by a power press in October 1985. He brought suit in July 1986 against Randolph Computer Corp. ("RCC") and Bank of California ("BanCal"), financiers whom he believed to have been prior owners of the machine under a lease/purchase...

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