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  5. 53 N.Y.2d 747 (1981)
 

TOWN OF N. HEMPSTEAD v. EXXON CORP.

53 N.Y.2d 747 (1981)

Town of North Hempstead, Appellant, v. Exxon Corporation, Respondent. (Action No. 1.) Mobil Oil Corporation, Respondent, v. Town of North Hempstead, Appellant. (Action No. 2.)

Court of Appeals of the State of New York.

Decided April 7, 1981.

Attorney(s) appearing for the Case

Joseph A. Guarino, Town Attorney (Bruce W. Migatz of counsel), for appellant.

George A. Burrell for Exxon Corporation, respondent.

Arden H. Rathkopf and Daren A. Rathkopf for Mobil Oil Corporation, respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER and MEYER concur in memorandum; Judge FUCHSBERG concurs in a concurring opinion in which Judge JASEN concurs.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the judgments of Supreme Court reinstated.

One owner of a partial self-service station testified as to the substantially increased risks posed by distribution of gasoline through self-service pumps as contrasted to its distribution through attendant-serviced pumps. Although there was impressive evidence to the contrary, we cannot ...

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