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LANCASTER CO v. PROPANE GAS

75 A.D.2d 55 (1980)

Lancaster Silo & Block Company et al., Appellants, v. Northern Propane Gas Company, Respondent. (Appeal No. 1.) Lancaster Silo & Block Company et al., Appellants, v. Golay & Company, Respondent. (Appeal No. 2.) Lancaster Silo & Block Company et al., Appellants, v. Golconda Corp., Rego Division, Bastian-Blessing Company, Respondent. (Appeal No. 3.)

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

May 23, 1980

Attorney(s) appearing for the Case

Gross, Shuman, Brizdle, Laub & Gilfillan, P. C. (David C. Laub of counsel), for appellants.

Cox, Barrell, Walsh, Roberts & Grace (Gerald Grace of counsel), for Northern Propane Gas Company, respondent.

Damon, Morey, Sawyer & Moot (James M. Kieffer of counsel), for Golay & Company, respondent.

Barth, Sullivan & Lancaster (John Sullivan of counsel), for Golconda Corp., Rego Division, Bastian-Blessing Company, respondent.

CARDAMONE, J. P., SIMONS, DOERR and WITMER, JJ., concur.

SCHNEPP, J.

On February 2, 1971 propane gas leaking from a portable cylinder tank exploded soon after the tank had been stored in a small washroom alongside a gas water heater which operated with a constant pilot light. The explosion and resultant fire occurred on the business premises of the plaintiff, Lancaster Silo, Inc. (Lancaster), and destroyed the building owned by the plaintiff, Lancaster Silo & Block...

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