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CHUSID v. WHALE OIL CO., INC.

17 A.D.2d 846 (1962)

George Chusid et al., Appellants, v. Whale Oil Company, Incorporated, Respondent

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

October 22, 1962

Judgment affirmed, with costs.

In our opinion, the proof adduced by the plaintiffs established that the accumulation of soot in the oil burner was caused by a defect in its combustion chamber, and not by any act or omission on the defendant's part under its service contract. That agreement imposed no duty on the defendant to repair or to replace the combustion chamber. In any event, proof was lacking that any excess oil ...

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