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NY TEL CO v. MOBIL OIL

99 A.D.2d 185 (1984)

New York Telephone Company et al., Appellants-Respondents, v. Mobil Oil Corporation, Respondent-Appellant, and Tri-Bridge Service Station, Inc., et al., Respondents. (And a Third-Party Action.)

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

February 21, 1984

Attorney(s) appearing for the Case

Lewis Trippett of counsel (Raymond F. Burke, attorney), for appellants-respondents.

Murray M. Weinstein for Manreb Assoc., Inc., respondent.

Daniel Wotman of counsel (Jerome Kowalski with him on the brief; Finley, Kumble, Wagner, Heine, Underberg, Manley & Casey, attorneys), for respondent-appellant.

ASCH, MILONAS and KASSAL, JJ., concur with FEIN, J.; MURPHY, P. J., dissents in part in an opinion.

FEIN, J.

The complaint in this action, commenced in September, 1981, alleges in two causes of action that in October, 1961 defendant Manreb Assoc., Inc. (Manreb), was the owner of premises 2485 Second Avenue, New York, New York, at which it operated a retail gasoline service station; Manreb had an agreement with Mobil Oil Corporation (Mobil) to supply gasoline to Manreb for resale at the premises; in October...

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