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TIGHE v. AM. COMPRESSED GASES, INC.

247 A.D.2d 278 (1998)

668 N.Y.S.2d 610

James C. Tighe et al., Plaintiffs, v. American Compressed Gases, Inc., et al., Defendants. (And a Third-Party Action.) Quantum Chemical Corporation, Second Third-Party Plaintiff-Respondent, et al., Second Third-Party Plaintiffs, v. Texas Eastern Transmission Corporation, Second Third-Party Defendant-Appellant Quantum Chemical Corporation, Third Third-Party Plaintiff-Respondent, et al., Third Third-Party Plaintiff, v. Texas Eastern Products Pipeline Company, Third Third-Party Defendant-Appellant

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

February 17, 1998

The court correctly perceived that under the appealing parties' Terminal Access Agreement, Texas Eastern, the supplier of the liquid propane gas that plaintiffs in the main action allege was not properly odorized, was required to supply Quantum, an indirect distributor of the gas to plaintiffs' employer, with liquid propane gas containing malodorant sufficient to meet the Federal standards; that Quantum had no obligation to indemnify Texas Eastern for noncompliance with the...

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