MARKOWITZ v. AGWAY PETROLEUM CO.


128 A.D.2d 1010 (1987)

Burton S. Markowitz et al., Appellants, v. Agway Petroleum Company, Respondent

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

March 26, 1987


Mikoll, J.

Plaintiffs commenced this action to recover money damages resulting from a fire in their home on September 29, 1980. The complaint alleged that the fire was caused by defendant's negligence in the installation of a "stack master" damper in plaintiffs' oil furnace vent pipe located in the basement of their home. The fire began in a storage and furnace room in the basement. Plaintiffs sought to prove that the fire was caused by the collapse of...

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