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WARNER v. AM. FLUORIDE CORP.

204 A.D.2d 1 (1994)

Sylvester Warner, Appellant, v. American Fluoride Corp. et al., Respondents. (And a Third-Party Action.)

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

September 12, 1994.

Attorney(s) appearing for the Case

Julien & Schlesinger, P. C., New York City (David B. Turret of counsel), for appellant.

Lester, Schwab, Katz & Dwyer, New York City (Eric A. Portuguese and Judi L. Abbott of counsel), for American Fluoride Corp., respondent.

Donovan, Leisure, Newton & Irvine, New York City (Daniel J. Thomasch and Nicole M. Van Ackere of counsel), for Ciba-Geigy Corporation, respondent.

Holtzman & Urquhart, Houston, Texas, and Townley & Updike, New York City (Barbara M. Roth of counsel), for Mobay Corporation, respondent. (One brief filed.)

McCarter & English, New York City (John L. McGoldrick of counsel; Frederick T. Smith on the brief), for Dow Chemical Corp., respondent.

LAWRENCE, J. P., RITTER and FRIEDMANN, JJ., concur.

KRAUSMAN, J.

The central issue presented on appeal is whether the Federal Insecticide, Fungicide, and Rodenticide Act, more commonly known as FIFRA, preempts the plaintiff's State tort claims based upon the failure to adequately warn him of the dangers of the pesticides to which he was exposed as an employee of the New York City Department of Correction. For the reasons...

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