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MOORE v. SUBURBAN FUEL OIL SERV., INC.

22 A.D.2d 827 (1964)

Bennie Moore, Respondent, v. Suburban Fuel Oil Service, Inc., Appellant, et al., Defendant

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

November 30, 1964

Judgment, insofar as appealed from, reversed on the law and the facts, without costs; and complaint dismissed, without costs.

The defendant Suburban Fuel Oil Service, Inc., was the lessee in possession and control of certain premises at which it maintained and operated fuel storage tanks. Plaintiff was an employee of an independent contractor which had been retained by Suburban to clean the fuel tanks. Plaintiff's duties consisted primarily of driving a trailer-truck...

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