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FIFIELD v. SOUTH HILL LTD. PARTNERSHIP

No. 3:96 CV 2576(GLG).

20 F.Supp.2d 366 (1998)

Scott FIFIELD, Plaintiff, v. SOUTH HILL LIMITED PARTNERSHIP and S.W. Development Corp., Defendants and Third-party Plaintiffs, v. DUTCHESS EXTERIORS, INC., Third-party Defendant.

United States District Court, D. Connecticut.

September 16, 1998.

Attorney(s) appearing for the Case

David J. Burke, Ralph W. Johnson, III, Robinson & Cole, Stamford, CT, Andrew J. Genna, Finkelstein, Levine, Gittelsohn & Tetenbaum, Newburgh, NY, for Scott Fifield.

Michael J. O'Sullivan, Kevin M. Bresnahan, Clendaniel, Weddall & Larose, Hartford, CT, for South Hill Ltd. Partnership, SW Dev. Corp.

Kevin R. Murphy, Robert J. Sickinger, Murphy, Laccavole & Karpie, Bridgeport, CT, for Dutchess Exteriors.

MEMORANDUM DECISION

GOETTEL, District Judge.

Pursuant to Federal Rule of Civil Procedure 56, third-party defendant Dutchess Exteriors, Inc. ("Dutchess") moves for summary judgment on both counts of the third-party complaint. For the reasons discussed below, Dutchess' motion (Document # 34) is DENIED on Count One and GRANTED on Count Two.

BACKGROUND

This case arises from a workplace accident that occurred on August 22...

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