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GREAT SOUTHWEST FIRE INS. CO. v. LONG ISLAND OIL PRODS. CO., INC.

60 A.D.2d 803 (1978)

Great Southwest Fire Insurance Company, as Subrogee of Estel Jewelry Co., Inc., Appellant, v. Long Island Oil Products Co., Inc., Respondent

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

January 5, 1978

Unanimously reversed, on the law, the judgment vacated, and the matter remanded for a new trial, with $60 costs and disbursements of this appeal to abide the event.

Estel Jewelry Co., Inc., was in the business of selling costume jewelry and general novelty merchandise at 863 Broadway in New York City. The building which Estel occupied was a four-story commercial building heated by an oil burner. The oil burner was serviced by Long Island Oil Products. On October 21...

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