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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