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KAMMERZELL v. CLEAN BURN, INC.

2016-03176. Index No. 2030/13.

165 A.D.3d 768 (2018)

85 N.Y.S.3d 518

2018 NY Slip Op 06724

Scott Kammerzell, Appellant, v. Clean Burn, Inc., Defendant/Third-Party Plaintiff-Respondent. A.R. Sandri, Inc., Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 10, 2018.

Ordered that the order is affirmed insofar as appealed from, with costs.

On April 12, 2010, the plaintiff allegedly was injured by an explosion at an auto repair shop where he was employed. In 2013, the plaintiff commenced this action against Clean Burn, Inc. (hereinafter Clean Burn), the manufacturer of an allegedly defective waste oil heater. In May 2014, Clean Burn commenced a third-party action against A.R. Sandri, Inc. (hereinafter Sandri), the distributor of...

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