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SAVE WAY OIL CO., INC. v. MEHLMAN

115 A.D.2d 721 (1985)

Save Way Oil Company, Inc., Respondent, v. George Mehlman et al., Defendants, and Jamaica Savings Bank, Appellant

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

December 30, 1985

Order modified by deleting the second and third decretal paragraphs thereof, and reinstating the appellant's answer. As so modified, order affirmed, without costs or disbursements.

Our review of the record indicates that there are material issues of fact with respect to whether appellant Jamaica Savings Bank, as a mortgagee, may be held liable for the costs of fuel oil delivered by plaintiff to certain premises upon which...

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