FAIRBAIRN v. STATE


107 A.D.2d 864 (1985)

Herman Fairbairn et al., as Parents and Natural Guardians of Alan Fairbairn, an Infant, Respondents, v. State of New York, Appellant. (Claim No. 65848.)

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

January 3, 1985


On June 18, 1977, claimants and their infant son were fishing at a pond in the Town of Middletown, Delaware County. The infant was severely burned when a canister he had found floating in the pond exploded while he was playing with it. The canister contained lithium aluminum hydride, a combustible chemical used to manufacture phencyclidine, a controlled substance (see Penal Law, § 220.00, subd 5; Public Health Law, § 3306, schedule I, subd [e], par [2]), and had...

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