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HONEYWELL INTERNATIONAL, INC. v. R. FREEDMAN & SON, INC.

307 A.D.2d 518 (2003)

761 N.Y.S.2d 745

HONEYWELL INTERNATIONAL, INC., et al., Respondents, v. R. FREEDMAN & SON, INC., Also Known as R.K. FREEDMAN & SONS JUNKYARD, et al., Appellants.

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

Decided July 10, 2003.

Crew III, J.P.

Defendants operate a scrap metal processing facility located on Tibbits Avenue in the Village of Green Island, Albany County. As part of their business, defendants operate a large, ferrous metal shredder to process automobiles, appliances and other ferrous metal scrap. Notwithstanding defendants' efforts to identify and remove contraband that may be contained within the household appliances and automobiles, such as propane and acetylene tanks, some...

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