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CARNLEY v. AID TO HOSPITALS, INC.

No. 95-CV-6298L.

975 F.Supp. 252 (1997)

Michael CARNLEY, Plaintiff, v. AID TO HOSPITALS, INC., Defendant/Third-Party Plaintiff. v. BOEWE-PASSAT REININGUNGS-UND WASCHEREITECHNIK GMBH, E. Weit Machinery Corp., and Boewe-Passat Drycleaning & Laundry Machinery Corporation, Third-Party Defendants.

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

August 28, 1997.

Attorney(s) appearing for the Case

Kevin Thomas Conklin, Mead, Hecht, Conklin & Gallagher, White Plains, NY, for Michael Carnley.

Glenn Pezzulo, Culley, Marks, Tanenbaum, Capell and Pezzulo, Rochester, NY, for Aid to Hospitals, Inc.

Maurice L. Sykes, Lustig & Brown, LLP, Buffalo, NY, for Texas Workers' Compensation Funds.

Robert M. Shaddock, Saperston & Day, P.C., Rochester, NY, Sheldon Hurwitz, Hurwitz & Fine, P.C., Buffalo, NY, for Boewe-Passat Reiningungs-Und Waschereitechnik GMBH,

Joseph G. Fritsch, Jr., Connors & Corcoran, Rochester, NY, for E. Weit Machinery Co.

DECISION AND ORDER

LARIMER, Chief Judge.

BACKGROUND

Plaintiff, Michael Carnley ("Carnley"), filed a complaint against Aid to Hospitals, Inc. ("ATH"), alleging that injuries he sustained while performing work on a laundry machine in New York were the result of ATH's negligence. Jurisdiction is based on diversity of citizenship. ATH filed a third-party complaint for indemnity and/or contribution against Boewe-Passat Reiningungs-Und Waschereitechnik...

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