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MENIO v. AKZO SALT

217 A.D.2d 334 (1995)

634 N.Y.S.2d 802

Thomas J. Menio, Appellant, v. Akzo Salt, Inc., et al., Respondents

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

December 7, 1995

Attorney(s) appearing for the Case

Barney, Grossman, Roth & Dubow, Ithaca (Hugh C. Kent of counsel), for appellant.

Thaler & Thaler, Ithaca (Doyle C. Valley of counsel), for Akzo Salt, Inc. and others, respondents.

Lo Pinto, Schlather, Solomon & Salk, Ithaca (Raymond M. Schlather of counsel), for Ronald H. Pierce, respondent.

MIKOLL, J. P., CREW III, YESAWICH JR. and SPAIN, JJ., concur.

PETERS, J.

In October 1986, a wooden tank used by defendant Akzo Salt, Inc. to store salt brine solution ruptured and exploded. As a result thereof, wood pieces from the sides of the tank were strewn about. With Akzo's consent, Calvin Coons, Akzo's maintenance supervisor, allowed employees to take the scrap wood for their personal use in an effort to clean up the surrounding

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