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COMER v. TITAN TOOL, INC.

No. 93 Civ. 1066 (RWS).

888 F.Supp. 605 (1995)

Delores A. COMER and Patricia V. Edelson, Individually and as Personal Representatives and Co-Administrators of the Estate of Michael T. Comer, Deceased, Plaintiffs, v. TITAN TOOL, INC., Defendant. TITAN TOOL, INC., Third-Party Plaintiff, v. ROCK & WATERSCAPE SYSTEMS, INC., Third-Party Defendant.

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

June 23, 1995.

Attorney(s) appearing for the Case

Kreindler & Kreindler, New York City (Steven R. Pounian, of counsel), for plaintiff.

Lester Schwab Katz & Dwyer, New York City (Saul Wilensky, Carl J. Schaerf, of counsel), for defendant and third-party plaintiff.

Cooper Kardaras & Scharf, New York City (William P. Kardaras, of Counsel), for third-party defendant.

OPINION

SWEET, District Judge.

In this diversity action for wrongful death, third-party defendant moves, pursuant to Fed.R.Civ.P. 56, for an order granting summary judgment and dismissing the third party complaint. For the reasons set forth below, the motion will be denied.

The Parties

Plaintiffs Delores Comer ("Delores"), wife of Michael Comer ("Comer"), the deceased, and Patricia Edelson ("Edelson"), Comer's mother, bring...

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