Legal Opinion

DeFoe Corp. v. Semi-Alloys, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 26, 1989PublishedCited by 6 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for negligence, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Burchell, J.H.O.), entered May 6, 1988, which, after a nonjury trial, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The defendant corporation manufactures electronic components from a plant located next door to the building occupied by the plaintiff corporation. The defendant’s manufacturing process produces acidic emissions, which are neutralized by a device known as a "scrubber”. On or about February 9, 1984, the scrubber…

2Cases cited4 opinions

  1. Doundoulakis v. Town of HempsteadNew York Court of Appeals · 1977
  2. Spano v. Perini Corp.New York Court of Appeals · 1969
  3. Di Paolo v. SommaAppellate Division of the Supreme Court of the State of New York · 1985
  4. Baumann v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by6 opinions

  1. 750 Old Country Road Realty Corp. v. Exxon Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  2. Osarczuk v. Associated Universities, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  3. Humphreys v. HumphreysDistrict Court, E.D. New York · 1997
  4. Integrated Waste Services, Inc. v. Akzo Nobel Salt, Inc.District Court, W.D. New York · 1996
  5. Nicholson v. KeySpan Corp.Appellate Division of the Supreme Court of the State of New York · 2009

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