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OTTAVIANO v. GENEX CO-OP., INC.

15 A.D.3d 924 (2005)

790 N.Y.S.2d 791

MICHAEL C. OTTAVIANO, Plaintiff, v. GENEX COOPERATIVE, INC., Respondent and Third-Party Plaintiff-Respondent, et al., Defendants. PRAXAIR, INC., Third-Party Defendant. ALLIANZ INSURANCE COMPANY, Appellant.

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

February 4, 2005.

Memorandum: Plaintiff commenced this action to recover damages for injuries he sustained when a storage tank owned by defendant-third-party plaintiff, Genex Cooperative, Inc. (Genex), ruptured. At the time of the accident, plaintiff was delivering liquid nitrogen to Genex on behalf of his employer, third-party defendant, Praxair, Inc. (Praxair). We determined on a prior appeal that Supreme Court properly granted the motion of Genex...

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