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SMITH v. ACCURIDE CORP.

165 Misc.2d 155 (1995)

627 N.Y.S.2d 520

John F. Smith et al., Plaintiffs, v. Accuride Corporation et al., Defendants.

Supreme Court, Otsego County.

May 1, 1995

Attorney(s) appearing for the Case

Smyk, Smyk & Fahrenz, Binghamton (Stephen D. Smyk of counsel), for Skinner & Damulis, Inc., defendant. DeLorenzo, Gordon, Pasquariello, Weiskopf & Harding, P. C., Schenectady (Jason S. DiPonzio of counsel), for plaintiffs.

IRAD S. INGRAHAM, J.

Plaintiff brings suit for personal injury suffered when a tire exploded as he was attempting to mount it upon a wheel rim supplied by defendant Skinner and Damulis, Inc. Defendant now moves for summary judgment pursuant to CPLR 3212 upon the ground that no material factual issues creating liability on its part exist.

This motion was submitted to the court without oral argument...

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