Trombley et al v. Altec Industries, Inc.

Filing 78

ORDER: that pltf's motion for summary judgment is DENIED; Niagara Mohawk's motion for partial summary judgment is GRANTED; Pltf's complaint against National Grid USA, National Grid USA Service Company, Inc., & National Grid Transco, p. l.c. is DISMISSED; Altec's motion to preclude the expert testimony of Dr. Derby & Dr. Pikul is DENIED; and Altec's motion for summary judgment against pltf and Par Electrical Contractors, Inc. is DENIED. Signed by Judge David N. Hurd on 4/24/2009. (see)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------ROBERTA A. TROMBLEY, Individually and as Administratrix of the Estate of Timothy N. Trombley, Deceased, Plaintiff, -v5:06-CV-1174-DNH-DEP

ALTEC INDUSTRIES, INC.; NIAGARA MOHAWK POW ER CORPORATION; and NATIONAL GRID USA SERVICE COMPANY, INC., Defendants, -------------------------------ALTEC INDUSTRIES, INC., Defendant/Third-Party Plaintiff, -vPAR ELECTRICAL CONTRACTORS, INC., Third-Party Defendant. -------------------------------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.

Dated: April 24, 2009 Utica, New York.

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