LEVIN v. HOFFMAN FUEL CO.


94 A.D.2d 640 (1983)

Ezra G. Levin et al., Appellants, v. Hoffman Fuel Company, a Division of Chevron, U.S.A., Inc., Respondent

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

May 10, 1983


As detailed in the complaint, the allegations of which are deemed true on a motion to dismiss, the defendant Hoffman Fuel Company (Hoffman) agreed to supply heating fuel oil to plaintiffs' residence in Carmel, New York, on an automatic delivery basis, and in late December, 1975 Hoffman breached its agreement by permitting the oil supply to run out. As a consequence, the water in the heating system froze, causing substantial damage to the heating system and additional damage...

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