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HARLAND ENTERS., INC. v. COMMANDER OIL CORP.

97 A.D.2d 785 (1983)

Harland Enterprises, Inc., Doing Business as Holland Associates, et al., Plaintiffs, v. Commander Oil Corp., Appellant, et al., Defendant, and Westbury Fire Department of the Westbury Fire District, Respondent. (And Three Other Actions.)

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

November 14, 1983

Order affirmed insofar as appealed from, with costs.

On February 25 and 26, 1980, a fire completely destroyed plaintiffs' warehouse located in Westbury, New York. The instant action ensued. Plaintiffs and cross claimant defendant Commander Oil Corp. alleged that defendant Westbury Fire District's methods of fighting the fire were negligent. Specifically, it was alleged that the fire department (1) failed to fight the fire at its source, at the northeast corner of...

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