PATTERSON v. PROCTOR PAINT & VARNISH CO.


27 A.D.2d 561 (1966)

Matthew Patterson, by His Guardian ad Litem Matthew J. Patterson, et al., Appellants, v. Proctor Paint and Varnish Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 19, 1966


Judgment affirmed, with costs.

No opinion.

Beldock, P. J., and Benjamin, J., dissenting.

The defendant paint company owned a lot to the north of and adjoining its factory in Yonkers. At least six fill pipes extended out one or two feet from the factory wall over the area of the lot. The answer admitted that these pipes received solvents used in connection with defendant's business. The lot was used by defendant's employees for the dumping of rubbish...

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