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STATE v. MONTAYNE

199 A.D.2d 674 (1993)

604 N.Y.S.2d 978

State of New York, Respondent, v. James Montayne, Doing Business as Montayne Fuels, et al., Respondents, and Adirondack Loon Enterprises, Inc., Appellant

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

December 9, 1993

White, J.

Defendant James Montayne entered into a contract with the predecessor in interest of defendant Adirondack Loon Enterprises, Inc. (hereinafter Adirondack) for the purchase and delivery of 7,503 gallons of fuel oil to Montayne's facility in the Town of Newcomb in Essex County. Adirondack, in turn, ordered the fuel from defendant Striker Industries Inc. which arranged to have it delivered to Montayne by defendant 3-J Fuels, Inc. During the delivery...

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