PHILLIPS PETROLEUM CO. v. PREMIUM COAL & OIL CO., INC.


19 A.D.2d 613 (1963)

Phillips Petroleum Company, Respondent, v. Premium Coal & Oil Company, Inc., Appellant

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

June 25, 1963


Order entered on July 9, 1962, which granted plaintiff's motion for summary judgment, unanimously reversed, on the law, with $20 costs and disbursements to the appellant and the motion denied, with costs.

An issue of fact is raised with respect to whether the mooring furnished was safe within the meaning of the contract. If in fact it was, then the plaintiff would not be entitled to recover. Furthermore, even if summary judgment were warranted on the question of liability...

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