NEW YORK SEVEN-UP BOTTLING CO., INC. v. DOW CHEM. CO.


96 A.D.2d 1051 (1983)

New York Seven-up Bottling Company, Inc., Respondent, v. Dow Chemical Company, Appellant, et al., Defendants. (And a Third-Party Action.)

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

September 12, 1983


Order reversed insofar as appealed from, on the law, with costs, motion granted, and complaint dismissed as against defendant Dow Chemical Company.

This action was brought to recover damages allegedly flowing from the defective nature of styrofoam insulation manufactured by Dow Chemical Company (hereinafter Dow). Plaintiff built a bottling plant in New Rochelle in 1966 and 1967. The "built-up" roof of the plant was insulated...

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