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CALABRO v. SUN OIL COMPANY

276 A.D.2d 858 (2000)

714 N.Y.S.2d 781

JOSEPH CALABRO, Doing Business as MA'S SERVICE STATION, Respondent, v. SUN OIL COMPANY, Defendant, and KING SERVICE, INC., Appellant.

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

Decided October 19, 2000.

Carpinello, J.

In 1969, plaintiff began operating a Sunoco gas station on the corner of Routes 20 and 158 in Albany County pursuant to a dealer agreement with defendant Sun Oil Company, a Sunoco distributor in the area. Under the agreement, plaintiff agreed to purchase Sunoco gasoline and other motor fuels and to lease, among other fixtures, four pumps and three underground tanks. Sun Oil installed the tanks, pumps and related piping and was responsible for maintaining...

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