Civil Procedure · MBE-tested
Dolores B. Kosiorek, Individually and as Administratrix of the Estate of Robert C. Barbic, Deceased, Plaintiff, v. Bethlehem Steel Corporation, Defendant and Third-Party Plaintiff-Appellant-Respondent. Furnco Construction Corporation, Third-Party Defendant-Respondent-Appellant
145 A.D.2d 936·New York Supreme Court, Appellate Division·1988·NY
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Opinion
Dolores B. Kosiorek, Individually and as Administratrix of the Estate of Robert C. Barbic, Deceased, Plaintiff, v Bethlehem Steel Corporation, Defendant and Third-Party Plaintiff-Appellant-Respondent. Furnco Construction Corporation, Third-Party Defendant-Respondent-Appellant.
(Appeal No. 2.)
[MAJORITY]
— Judgment unanimously reversed on the law without costs and new trial granted. Same memorandum as in Kosiorek v Bethlehem Steel Corp. ([appeal No. 1] 145 AD2d 935 [decided herewith]). (Appeals from judgment of Supreme Court, Erie County, Cook, J. — wrongful death.) Present— Doerr, J. P., Boomer, Pine, Lawton and Davis, JJ.