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JUNE v. LARIS

205 A.D.2d 166 (1994)

William L. June, Jr., et al., Appellants, v. James Laris et al., Respondents. (And a Third-Party Action.)

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

November 3, 1994

Attorney(s) appearing for the Case

Mary J. Kenny, Camillus, for appellants.

Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse (Barney F. Bilello of counsel), for James Laris, respondent.

Hancock & Estabrook, Syracuse (Alan J. Pierce of counsel), for Carmel Chemical Corporation, respondent.

Weitz & Luxenberg, P. C., New York City (William D. Fireman of counsel), for Trial Lawyers for Public Justice, P. C., amicus curiae.

CARDONA, P. J., MIKOLL, WHITE and YESAWICH JR., JJ., concur.

MERCURE, J.

On July 24, 1991, plaintiff William L. June, Jr. (hereinafter June), Chief of the North Chittenango Volunteer Fire Department, responded to a fire call at defendant James Laris' farm at the intersection of Chestnut Ridge Road and Black Creek Road in the Village of Chittenango, Madison County. Near the intersection, June encountered a dense "smoke" cloud, later determined to be a thick pesticide fog...

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