CESAR TUESCA, RESPONDENT, v. RANDO MACHINE CORP., APPELLANT, ET AL., DEFENDANT.

RANDO MACHINE CORP., THIRD-PARTY APPELLANT, v. AMERICAN WHITE CROSS LABORATORIES., THIRD-PARTY APPELLANT.

89 N.Y.2d 966, 678 N.E.2d 497, 655 N.Y.S.2d 884 (1997).
February 13, 1997

1 No. 21 SSM 33 [1997 NY Int. 20]
Decided February 13, 1997

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Submitted by William D. Buckley, for Appellant Rando Machine Corp.
Submitted by Richard H.Bakalor, for Appellant American White Cross.
Submitted by Steven C. Falkoff, for Respondent.

On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs, and certified question answered in the affirmative, for the reasons stated in the memorandum at the Appellate Division (__ AD2d __). Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Decided February 13, 1997

CESAR TUESCA, RESPONDENT, v. RANDO MACHINE CORP., APPELLANT, ET AL., DEFENDANT.

RANDO MACHINE CORP., THIRD-PARTY APPELLANT, v. AMERICAN WHITE CROSS LABORATORIES., THIRD-PARTY APPELLANT.

89 N.Y.2d 966, 678 N.E.2d 497, 655 N.Y.S.2d 884 (1997). February 13, 1997

89 N.Y.2d 966, 678 N.E.2d 497, 655 N.Y.S.2d 884 (1997).
February 13, 1997