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BILLSBORROW v. DOW CHEM.

139 Misc.2d 488 (1988)

Nancy A. Billsborrow, Individually and as Administratrix of The Estate of Christopher Billsborrow, Plaintiff, v. Dow Chemical, U.S.A., et al., Defendants. Dow Chemical, U.S.A., Third-Party Plaintiff, v. Welmetco, Ltd., Third-Party Defendant. Pride Solvent & Chemical Co., Inc., Second Third-Party Plaintiff, v. Welmetco, Ltd., Second Third-Party Defendant. Eastern-Salkover Metal Processing Corp., Third Third-Party Plaintiff, v. Welmetco, Ltd., Third Third-Party Defendant.

Supreme Court, Suffolk County.

April 6, 1988

Attorney(s) appearing for the Case

O'Connor & Hayes, P. C., for plaintiff. Rivkin, Leff, Sherman & Radler for Dow Chemical, U.S.A., defendant. Bower & Gardner for Pride Solvent & Chemical Co., Inc., defendant. Quirk & Bakalor for Mine Safety Appliances Company, defendant. James M. Gallacher & Associates for Hamler Industries, Inc., defendant. Lester, Schwab, Katz & Dwyer for Eastern-Salkover Metal Processing Corp., defendant. Chesney, Brennan & Murphy for Welmetco, Ltd., third-party, second third-party and third third-party defendant.

JAMES A. GOWAN, J.

On August 12, 1978, Christopher Billsborrow was an employee of Welmetco, Ltd. (Welmetco), and while in the course of his employment cleaning a degreasing tank using Neu-Tri solvent (Neu-Tri) inhaled or was otherwise exposed to the vapors (trichloroethylene), received fatal injuries therefrom, and died. Moreover, for the purposes of this order, there appears to be no dispute that the Neu-Tri...

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