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SIMCHICK v. I. M. YOUNG & CO.

38 N.Y.2d 921 (1976)

Wesley Simchick, Respondent, v. I. M. Young & Company, Appellant.

Court of Appeals of the State of New York.

Decided February 26, 1976.

Attorney(s) appearing for the Case

Joseph D. Ahearn and J. Robert Morris for appellant.

Edgar Hills and Irving Kahn for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

We affirm on the memorandum at the Appellate Division (47 A.D.2d 549). In so doing, we note that the quarantine was imposed upon plaintiff's crop only after cauliflower from his field was tested and found to have an impermissible residue of Endrin. We would also note that the theory of liability was not "strict liability in tort" as...

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