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CHIPLOCK v. NIAGARA MOHAWK

134 A.D.2d 96 (1988)

Robert M. Chiplock et al., Individually and as Parents and Natural Guardians of Robert J. Chiplock et al., Infants, Respondents, v. Niagara Mohawk Power Corporation, Defendant and Third-Party Plaintiff-Appellant, and Town of Colonie, Appellant. Walworth Company, Third-Party Defendant-Appellant. (Action No. 1.) Leonard Cyr et al., Respondents, v. Niagara Mohawk Power Corporation, Defendant and Third-Party Plaintiff-Appellant. Walworth Company et al., Third-Party Defendants-Appellants. (Action No. 2.) State Farm Fire and Casualty Company et al., as Subrogees of Robert M. Chiplock et al., Respondents, v. Niagara Mohawk Power Corporation et al., Appellants. (Action No. 3.)

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

January 7, 1988

Attorney(s) appearing for the Case

Donohue, Donohue & Sabo, P. C. (Fred J. Hutchison of counsel), for Town of Colonie.

Maynard, O'Connor & Smith (Christine Kirwin Krackeler of counsel), for Niagara Mohawk Power Corporation.

Carter, Conboy, Bardwell, Case & Blackmore (Edward D. Laird, Jr., of counsel), for Walworth Company.

E. Stewart Jones (Jeffrey K. Anderson of counsel), for Robert M. Chiplock and another.

Bouck, Holloway, Kiernan & Casey (John R. Casey of counsel), for State Farm Fire and Casualty Company and another.

MAHONEY, P. J., KANE, CASEY and LEVINE, JJ., concur.

YESAWICH, JR., J.

In 1954, Niagara Mohawk Power Corporation (hereinafter NiMo) installed an underground gas service for 298 Watervliet-Shaker Road in the Town of Colonie, Albany County. The service lateral from the gas main to the property contained a cast iron shut-off valve operated from the surface and manufactured by Walworth Company (hereinafter Walworth). The following year, a steel valve was installed...

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