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GREENLEE v. SHERMAN

142 A.D.2d 472 (1989)

Horace Greenlee et al., Appellants, v. Peter Sherman, as Executor of Philip Sherman, Deceased, Defendant, and Main Care Heating Service, Inc., Respondent. (Action No. 1.) Hanover Insurance Company, Respondent, v. Peter Sherman, as Executor of Philip Sherman, Deceased, et al., Defendants, and Horace Greenlee et al., Appellants. (Action No. 2.)

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

January 12, 1989

Attorney(s) appearing for the Case

Bouck, Holloway, Kiernan & Casey (Michael Jon Longstreet of counsel), for appellants.

Francis E. Lehner (Edward C. Fassett, Jr., of counsel), for Main Care Heating Service, Inc., respondent.

Carter, Conboy, Bardwell, Case, Blackmore & Napierski (Dianne Bresee Mayberger of counsel), for Hanover Insurance Company, respondent.

MIKOLL, YESAWICH, JR., LEVINE and MERCURE, JJ., concur.

CASEY, J. P.

These two actions arise out of a 1980 transaction between Horace and Annie Greenlee, plaintiffs in action No. 1, and Philip Sherman, the sole proprietor of Sherman Fuel and Oil Burner Service, whereby Sherman installed a combination wood/oil furnace in the basement of the Greenlees' house. The Greenlees used the furnace until March 30, 1984, when a fire substantially destroyed their house. It is...

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