TIFF v. AGWAY, INC.


204 A.D.2d 1032 (1994)

613 N.Y.S.2d 96

Beth Tiff, Individually and as Mother and Natural Guardian of Ralph F. Tiff, III, an Infant, Respondent-Appellant, v. Agway, Inc., Appellant-Respondent, and Oneida Lake Petroleum Corp., Doing Business as Penn Can Truck Stop, et al., Respondents, et al., Defendants

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

May 27, 1994


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: We agree with the contention of defendant Agway, Inc., that Supreme Court erred in denying its motion for summary judgment. The record establishes that in the fall of 1984 Agway installed a propane tank with an attached regulator and hood on the premises of defendants Joseph and Karen Buczek. Agway placed the tank on two cinder blocks and installed copper...

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