FOSTER-LIPKINS CORP. v. SUBURBAN PROPANE GAS CORP.


68 Misc.2d 32 (1971)

Foster-Lipkins Corp., Plaintiff, v. Suburban Propane Gas Corporation, Defendant.

Supreme Court, Special Term, Albany County.

November 23, 1971


Attorney(s) appearing for the Case

Carter, Conboy, Bardwell & Case for defendant. Bouck & Holloway for plaintiff.


T. PAUL KANE, J.

Defendant moves for an order dismissing the third cause of action of the complaint on the grounds that it fails to state facts sufficient to state a cause of action (CPLR 3211, subd. [a], par. 7).

It appears that plaintiff was a general contractor on a building in the South Mall at Albany, New York, on or about January 15, 1969. A quantity of propane gas in a 100-pound cylinder allegedly owned by the defendant was sold to a third...

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