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TYLER v. DOW CHEM. CO.

252 A.D.2d 31 (1998)

683 N.Y.S.2d 619

Doris L. Tyler et al., Respondents, v. Dow Chemical Company, Inc., et al., Defendants, and Terminix International, Inc., et al., Appellants

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

December 30, 1998

Attorney(s) appearing for the Case

Pemberton & Briggs, Schenectady (Lawrence S. Ebner of McKenna & Cuneo, Washington, D.C., of counsel), for appellants.

LaFave & Associates, Delmar (Patrick J. Higgins of counsel), for respondents.

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

GRAFFEO, J.

Plaintiff Mearion C. Tyler (hereinafter Tyler) hired defendants Terminix International, Inc. and Terminix International Company, L.P. (hereinafter collectively referred to as Terminix) to treat his home for termites in September 1994. The process included injecting an insecticide known as Dursban TC into various parts of the interior and exterior of plaintiffs' residence. Tyler contends that prior...

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