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SOSSNER TOOL CORP. v. HEMPSTEAD CO.

18 Misc.2d 729 (1959)

Sossner Tap & Tool Corp., Plaintiff, v. Hempstead Cesspool Co., Inc., Defendant. (Action No. 1.) Sossner-Lynbrook, Inc., Plaintiff, v. John Butt, Individually and Doing Business as Hempstead Cesspool Co. et al., Defendants. (Action No. 2.)

Supreme Court, Trial Term, Nassau County.

March 2, 1959.

Attorney(s) appearing for the Case

Max J. Gwertzman and David Deitsch for plaintiff.

Powers, Kaplan & Berger (Joseph Gauzza of counsel), for defendant in Action No. 1.

Allinson & Gerzoff (Louis Allinson of counsel), for defendant in Action No. 2.

FRANK A. GULOTTA, J.

This is a consolidated action brought by Sossner-Lynbrook, Inc. as owner, and Sossner Tap & Tool Corp. as tenant of premises No. 27 Broadway, Lynbrook, New York, for damages resulting from an explosion caused by the negligence of the defendants.

Defendants, since 1949, have been in the business of cleaning cesspools. Plaintiff Tool Corporation had an agreement with defendant...

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