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HURLBURT v. S.W.B. CONSTRUCTION COMPANY

20 A.D.3d 854 (2005)

799 N.Y.S.2d 616

DAVID HURLBURT et al., Appellants, v. S.W.B. CONSTRUCTION COMPANY, Respondent.

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

July 28, 2005.

Crew III, J.

In 1996, International Paper switched from using chlorine gas to chlorine dioxide gas to process wood into paper at its facility in Essex County and, to that end, hired defendant to undertake the work necessary to complete the conversion process. Thereafter, in 1997, plaintiffs David Hurlburt and Betty Lou Messier allegedly sustained, among other injuries, pulmonary burns as a result of their inhalation of certain chlorine dioxide gas that was discharged...

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