LAIDLAW TRANSP., INC. v. HELENA CHEM. CO.


255 A.D.2d 869 (1998)

680 N.Y.S.2d 365

Laidlaw Transportation, Inc., et al., Respondents, v. Helena Chemical Company, Appellant and Third-Party Plaintiff-Respondent. Sun Refining and Marketing Company et al., Third-Party Defendants-Appellants

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

November 13, 1998


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs are engaged in the business of providing lawn and tree services to residential and commercial customers in the central New York area. In 1989, an isolated group of plaintiffs' customers sustained extensive damage to their trees and shrubs after plaintiffs sprayed them with Sunspray 6E, a "dormant oil" that kills pests by suffocating them during...

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