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B. L. W. REALTY v. SOCONY MOBIL OIL

32 A.D.2d 312 (1969)

B. L. W. Realty Holding Co., Inc., Respondent-Appellant, v. Socony Mobil Oil Company, Inc., Appellant-Respondent, and Sixty East 88th Street Corp., Respondent

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

June 26, 1969.

Attorney(s) appearing for the Case

Joseph Karow of counsel (Lazarus & Berkowitz, attorneys), for respondent-appellant.

Herbert C. Smyth for appellant-respondent.

Charles F. McMorrow for respondent.

McNALLY and STEUER, JJ., concur with MARKEWICH, J.; McGIVERN, J., dissents in part and concurs in part, in opinion in which CAPOZZOLI, J. P., concurs.

MARKEWICH, J.

Plaintiff, owner of a garage building, sued defendant Sixty East 88th Street Corp., lessee of the building and defendant Socony Mobil Oil Co., Inc., supplier of gasoline to the garage, for damage by fire to the building, occasioned by leakage of gasoline into the basement. Defendant garage operator claimed over against defendant Mobil. The cause was tried before the court without a jury and resulted...

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