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  5. 64 N.Y.2d 708 (1984)
 

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

64 N.Y.2d 708 (1984)

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

Court of Appeals of the State of New York.

Decided December 20, 1984.

Attorney(s) appearing for the Case

Robert J. Aurigema, Donald E. Deegan and Marian C. Rice for appellant.

E. Richard Rimmels, Jr., for respondent.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Leonard Koerner, Alfred Weinstein and Francis F. Caputo of counsel), for City of New York, amicus curiae.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

This action was brought for damages sustained when plaintiffs' warehouse was destroyed by fire. Defendant oil company, whose carelessness in repairing an oil burner located on the premises is alleged to have started the fire, cross-claimed against defendant fire department for negligence in fighting the fire. Special Term granted the fire...

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