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VICK v. AMERICAN REFUEL COMPANY OF NIAGARA

283 A.D.2d 915 (2001)

723 N.Y.S.2d 781

GERALD P. VICK, SR., et al., Plaintiffs, v. AMERICAN REFUEL COMPANY OF NIAGARA, Defendant and Third-Party Plaintiff-Respondent. STRITT & PRIEBE, INC., Third-Party Defendant-Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided May 2, 2001.

Order unanimously reversed on the law with costs, motion granted, third-party complaint dismissed and cross motion denied.

Memorandum:

Plaintiffs commenced this action to recover for personal injuries sustained by plaintiff Gerald P. Vick, Sr. in a slip and fall on ice in a parking area at a construction site owned by defendant-third-party plaintiff, American Ref-Fuel Company of Niagara, incorrectly sued as American Re-Fuel Company of Niagara (American). Of...

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