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BILLSBORROW v. DOW CHEM.

177 A.D.2d 7 (1992)

Nancy A. Billsborrow, Individually and as Administratrix of The Estate of Christopher Billsborrow, Deceased, Respondent, v. Dow Chemical, U.S.A., et al., Defendants, and Third-Party Plaintiffs-Appellants, et al., Defendants. Welmetco, Ltd., Third-Party Defendant-Appellant

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

February 18, 1992

Attorney(s) appearing for the Case

Jacob, Medinger & Finnegan (Glenn J. Pogust of counsel), for Dow Chemical Company, defendant and third-party plaintiff-appellant.

Bower & Gardner (Steven J. Ahmuty, Jr., of counsel), for Pride Solvent & Chemical Company, Inc., defendant and third-party plaintiff-appellant.

Chesney, Murphy & Moran (Elizabeth O'Neill of counsel; Peter J. Verdirame on the brief), for Welmetco, Ltd., third-party defendant-appellant.

O'Connor and Hayes, P. C. (James E. Hayes, John R. O'Connor, and Robin Mary Heaney of counsel), for respondent.

MANGANO, P. J., HARWOOD and BALLETTA, JJ., concur.

THOMPSON, J.

On August 12, 1978, the plaintiff's 22-year-old decedent, Christopher Billsborrow, died from cardiac arrest caused by the inhalation of highly toxic vapors from a chlorinated solvent known as trichloroethylene. At the time of his death, Billsborrow, an employee of Welmetco, Ltd. (hereinafter Welmetco), was engaged in cleaning a vapor-degreasing machine owned by Eastern-Salkover Metal Processing Corp...

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