Hurlburt v. S.W.B. Construction Co.

Appeal from an order of the Supreme Court (Dawson, J.), entered June 25, 2004 in Essex County, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.

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…