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BRISTOL-MYERS v. DELTA

206 A.D.2d 177 (1994)

Bristol-Myers Squibb, Industrial Division, Respondent, v. Delta Star, Inc., Respondent, and Westinghouse Electric Corporation, Appellant

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

November 16, 1994

Attorney(s) appearing for the Case

Menter, Rudin and Trivelpiece, P. C., Syracuse (Gerard Mathews and Robert G. Mellilo of counsel), for appellant.

MacKenzie, Smith, Lewis, Michell & Hughes, Syracuse (Dennis P. Hennigan of counsel), for Bristol-Myers Squibb, Industrial Division, respondent.

Melvin & Melvin, Syracuse (Susan E. Otto of counsel), for Delta Star, Inc., respondent.

DENMAN, P. J., FALLON, WESLEY and DOERR, JJ., concur.

GREEN, J.

This appeal requires us to revisit the borderland between tort and contract, an area we recently examined in Syracuse Cablesystems v Niagara Mohawk Power Corp. (173 A.D.2d 138). In Syracuse Cablesystems, we held that recovery was available in tort for lost profits and property damage resulting from the explosion of an electrical transformer. The alleged...

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