FORESE v. BROOKLYN UNION GAS CO.


51 A.D.2d 796 (1976)

Lucy Forese, Respondent, v. Brooklyn Union Gas Company, Defendant and Third-Party Plaintiff-Appellant. City of New York, Third-Party Defendant-Respondent, et al., Defendant

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

February 23, 1976


Judgment affirmed, with one bill of costs to plaintiff-respondent only.

In our view there was sufficient evidence in the record to support findings that (1) the decedent's death was caused by methane from a seepage of natural gas which was under the exclusive control of the Brooklyn Union Gas Company and (2) such gas company was negligent in failing to exercise due care and diligence in order to keep its gas under control and to prevent it from escaping into areas...

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