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DOLE v. DOW CHEM. CO.

35 A.D.2d 149 (1970)

Bernice E. Dole, Individually and as Administratrix of The Estate of Ralph L. Dole, Deceased, Plaintiff, v. Dow Chemical Company, Defendant and Third-Party Plaintiff-Respondent; McLeod Industrial Fumigators & City Exterminators, Inc., Third-Party Defendant, and George Urban Milling Co., Third-Party Defendant-Appellant

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

October 29, 1970.

Attorney(s) appearing for the Case

Ohlin, Damon, Morey, Sawyer & Moot (George M. Gibson of counsel), for third-party defendant-appellant.

Saperston, Wiltse, Duke, Day & Wilson (Warren S. Radler and Frank T. Gaglione of counsel), for third-party plaintiff-respondent.

GOLDMAN, P. J., MARSH, GABRIELLI and MOULE, JJ., concur.

WITMER, J.

In an action by plaintiff Dole to recover damages from the Dow Chemical Company (Dow) for the death of plaintiff's intestate, on the ground of Dow's alleged negligence, Dow served a third-party summons and complaint upon two corporations, to wit, McLeod Industrial Fumigators & City Exterminators, Inc. (McLeod) and George Urban Milling Company (Urban), demanding judgment for any amount which plaintiff...

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