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WITT v. LIQUID ASPHALT SYSTEMS, INC.

No. 90 Civ. 3595 (GLG).

767 F.Supp. 564 (1991)

Michael WITT, Plaintiff, v. LIQUID ASPHALT SYSTEMS, INC. and AT & T Information Systems, Inc., Defendants. LIQUID ASPHALT SYSTEMS, INC., Third-Party Plaintiff, v. HAYDEN ROOFING COMPANY, Third-Party Defendant. AT & T INFORMATION SYSTEMS, INC., Second Third-Party Plaintiff, v. HAYDEN ROOFING COMPANY, Third-Party Defendant.

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

July 16, 1991.

Attorney(s) appearing for the Case

Burke & McGlinn, Suffern, N.Y. (Patrick T. Burke, of counsel), for plaintiff.

Boeggeman, George, Jannace & Hodges, P.C., White Plains, N.Y. (Richard G. Corde, of counsel), for defendant and second third-party plaintiff.

McCabe & Mack, Poughkeepsie, N.Y. (David L. Posner, of counsel), for third-party defendant.

OPINION

GOETTEL, District Judge:

AT & T Information Systems [hereinafter "AT & T"] hired Hayden Roofing Company to repair the roof on a plant located in Suffern, New York. A necessary part of the job consisted of the application of liquid asphalt. On May 20, 1989, plaintiff Michael Witt was standing atop a 37 ton liquid asphalt tanker manufactured by Liquid Asphalt Systems, Inc. and located on AT & T's property, transferring liquid asphalt into...

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