SEARS OIL CO., INC. v. MERCHS. INS. GROUP


88 A.D.2d 753 (1982)

Sears Oil Co., Inc., Appellant, v. Merchants Insurance Group, Respondent, et al., Defendants

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

May 14, 1982


Order unanimously affirmed, with costs.

Memorandum:

Plaintiff owns a service station in Rome, New York and is a defendant in another action in which it is alleged that the operator of a restaurant had a portable kerosene space heater filled at plaintiff's service station; that the attendant negligently filled the heater with gasoline; and that the space heater burst into flames when it was ignited, causing severe property damage to the restaurant. A summons...

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