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MIRABELLA v. ROSS INDUSTRIES, INC.

No. 85 C 4346.

694 F.Supp. 1046 (1988)

George MIRABELLA, Plaintiff, v. ROSS INDUSTRIES, INC., Defendant. ROSS INDUSTRIES, INC., Third Party Plaintiff v. THRIFT PAK FOOD SERVICE, INC., a/k/a Colorado Prime Inc., Third Party Defendant. ROSS INDUSTRIES, INC., Second Third Party Plaintiff, v. The FAIRBANKS COMPANY, Second Third Party Defendant.

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

August 16, 1988.

Attorney(s) appearing for the Case

Robert R. Felton, P.C., Mineola, N.Y., for plaintiff.

White, Fleischner & Fino (Eric B. Schoenfeld, of counsel), New York City, for third party plaintiff.

Alexander, Ash, Schwartz & Cohen, P.C. (Christopher P. DiGiulio, of counsel), New York City, for first third party defendant.

D'Amato & Lynch (Bill V. Kakoullis, of counsel), New York City, for second third party defendant.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

Plaintiff George Mirabella brought this action to recover damages for injuries sustained while employed on November 27, 1984 in operating a high-powered meat press which seized and mangled his hand. The complaint makes claims in negligence, strict products liability and breach of implied warranty against defendant Ross Industries, Inc. (Ross), the manufacturer of the press. Ross answered and filed third party...

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