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Trombley v. Altec Industries

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


April 24, 2009

ROBERTA A. TROMBLEY, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF TIMOTHY N. TROMBLEY, DECEASED, PLAINTIFF,
v.
ALTEC INDUSTRIES, INC.; NIAGARA MOHAWK POWER CORPORATION; AND NATIONAL GRID USA SERVICE COMPANY, INC., DEFENDANTS,
ALTEC INDUSTRIES, INC., DEFENDANT/THIRD-PARTY PLAINTIFF,
v.
PAR ELECTRICAL CONTRACTORS, INC., THIRD-PARTY DEFENDANT.

The opinion of the court was delivered by: David N. Hurd United States District Judge

ORDER

Pursuant to the oral decision of the Court, entered into the record after hearing oral argument on April 24, 2009, in Utica, New York, it is hereby ORDERED that

(1) Plaintiff's motion for summary judgment is DENIED;

(2) Niagara Mohawk's motion for partial summary judgment is GRANTED;

(3) Plaintiff's complaint against National Grid USA, National Grid USA Service Company, Inc., and National Grid Transco, p.l.c. is DISMISSED;

(4) Altec's motion to preclude the expert testimony of Dr. Derby and Dr. Pikul is DENIED; and

(5) Altec's motion for summary judgment against plaintiff and Par Electrical Contractors, Inc. is DENIED.

IT IS SO ORDERED.

20090424

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