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DUNLOP TIRE v. FMC CORP

53 A.D.2d 150 (1976)

Dunlop Tire and Rubber Corporation, Respondent, v. FMC Corporation, Appellant

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

July 2, 1976

Attorney(s) appearing for the Case

Hurwitz, Siegel & Hurwitz (Louis Siegel of counsel), for appellant.

Phillips, Lytle, Hitchcock, Blaine & Huber (Paul Zuydhoek and John C. Chobot of counsel), for respondent.

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

SIMONS, J.

Defendant manufactures chemicals in Tonawanda, New York. On March 1, 1973 an explosion occurred in its plant, casting stones and debris on plaintiff's tire factory nearby and also damaging it by concussion. In addition, plaintiff claims that it sustained substantial damage because the explosion destroyed towers and distribution lines owned by Niagara Mohawk...

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