E. B. Metal & Rubber Industries, Inc., Appellant,
v.
County of Washington et al., Defendants, and Town of Whitehall, Respondent. (Action No. 1.)
Rochester Germicide Company, Appellant,
v.
County of Washington et al., Defendants, and Town of Whitehall, Respondent. (Action No. 2.)
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
July 19, 1984
July 19, 1984
Attorney(s) appearing for the Case
DeGraff, Foy, Conway, Holt-Harris & Mealey (Robert H. Iseman and Brian J. McCann of counsel), for E. B. Metal & Rubber Industries, Inc., appellant.
Harris, Beach, Wilcox, Rubin & Levey (Edward R. Macomber and Douglas A. Foss of counsel), for Rochester Germicide Company, appellant.
LaPann, Reardon, Fitzgerald & Firth (Jennifer A. Jensen and Peter A. Firth of counsel), for Town of Whitehall, respondent.
KANE, CASEY, WEISS and LEVINE, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Third Department.
MAHONEY, P. J.
On March 14, 1977, an earthen dike along the Champlain Barge Canal was breached causing water to flood the premises of E. B. Metal & Rubber Industries, Inc. (E. B. Metal), and cause extensive damage. In addition, personal property of Rochester Germicide Company (Rochester) located on E. B. Metal's premises was also damaged. The property of E. B. Metal, located in the Village and Town of Whitehall...
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