ZINCKE v. PACIFIC ENERGY CORP.

2015-00108, Index No. 3892/08.

146 A.D.3d 923 (2017)

2017 NY Slip Op 00341

45 N.Y.S.3d 510

MARY ELLEN ZINCKE, Respondent, v. PACIFIC ENERGY CORP., Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 18, 2017.


Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant's employee overfilled the plaintiff's two above-ground home heating oil tanks, located in the plaintiff's cellar, while making a heating oil delivery, causing oil to leak out of a nipple valve at the bottom of one of the tanks onto the cellar floor, which contained several floor drains that emptied directly into the soil beneath the premises. The plaintiff commenced this action...

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