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PEOPLE v. WARNER-LAMBERT CO.

51 N.Y.2d 295 (1980)

The People of the State of New York, Respondent, v. Warner-Lambert Company, Doing Business Under the Name of Warner-Lambert Co., American Chicle Division, Arthur Kraft, Ed Harris, James O'Mahoney and John O'Rourke, Appellants.

Court of Appeals of the State of New York.

Decided November 20, 1980.

Attorney(s) appearing for the Case

Leonard Garment, Judah Gribetz, Douglas M. Parker, John P. Hederman, William P. Laino and Robert Kasanof for Warner-Lambert Company, appellant.

Andrew M. Lawler, Jr., and Dennis E. Milton for James O'Mahoney and another, appellants.

Stanley S. Arkin, Mark S. Arisohn and Arthur T. Cambouris for Arthur Kraft and another, appellants.

John J. Santucci, District Attorney (Charles N. Walsh, Barry A. Schwartz and A. Brent Blacksburg of counsel), for respondent.

Leonard Garment, Judah Gribetz, Douglas M. Parker, William P. Laino, Paul G. Burns, Robert Kasanof, Lawrence Iason, Stanley S. Arkin, Mark S. Arisohn, Arthur T. Cambouris, Andrew M. Lawler, Jr., and Dennis E. Milton for appellants upon reargument.

John J. Santucci, District Attorney (Barry A. Schwartz and Charles N. Walsh of counsel), for respondent upon reargument.

Chief Judge COOKE and Judges JASEN, GABRIELLI, MEYER, SWEENEY and CARDAMONE concur.

JONES, J.

Although they were aware that there was a broad, undifferentiated risk of an explosion in consequence of ambient magnesium stearate dust arising from the procedures employed in its manufacturing operations, the corporate and individual defendants may nonetheless not be held criminally liable, on the theory of either reckless or negligent conduct, for the deaths of employees occasioned when such an explosion...

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