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DANGLER v. TOWN OF WHITESTOWN

241 A.D.2d 290 (1998)

672 N.Y.S.2d 188

George A. Dangler et al., Appellants-Respondents, v. Town of Whitestown, Respondent-Appellant Paul J. Hand et al., Plaintiffs, v. Town of Whitestown, Defendant John Busacker, Jr., et al., Plaintiffs, v. Town of Whitestown, Defendant Robert F. Leininger et al., Plaintiffs, v. Town of Whitestown, Defendant Russell Rauscher et al., Plaintiffs, v. Town of Whitestown, Defendant. (Appeal No. 1.)

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

April 29, 1998

Attorney(s) appearing for the Case

Louis T. Brindisi, Utica (Anthony A. Murad of counsel), for appellants-respondents.

Gorman, Waszkiewicz, Gorman & Schmitt, Utica (William Schmitt of counsel), for respondents-appellants.

GREEN, PINE, CALLAHAN and FALLON, JJ., concur.

DENMAN, P. J.

These five actions were commenced by families living in the vicinity of a landfill owned and operated by defendant, Town of Whitestown. Plaintiffs seek to recover for property damage and personal injuries that they allegedly sustained as a result of exposure to contaminants emanating from the landfill. A bifurcated trial was held and, at the liability phase, plaintiffs presented extensive expert...

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