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LOWENTHAL v. PERKINS

164 Misc.2d 922 (1995)

626 N.Y.S.2d 358

Daniel J. Lowenthal, Plaintiff, v. James R. Perkins et al., Defendants.

Supreme Court, Tompkins County.

April 3, 1995

Attorney(s) appearing for the Case

Holmberg, Galbraith, Holmberg & Orkin, Ithaca (Dirk A. Galbraith of counsel), for Daniel L. Achilles, defendant. Rossi, Murnane, Balzano & Hughes, Utica (Vincent J. Rossi, Jr., of counsel), for Mervin L. Hammond, defendant. LoPinto, Schlather, Solomon & Salk, Ithaca (Raymond M. Schlather of counsel), for James R. Perkins and another, defendants. Wiggins & Masson, Ithaca (Eileen McGlinchey Fahey of counsel), for plaintiff.

PHILLIP R. RUMSEY, J.

The defendant Daniel L. Achilles doing business as Dan's Fuel Service (Achilles) moves for summary judgment to dismiss the eighth and ninth causes of action asserted against him in the complaint.

This is an action for personal injuries allegedly sustained by the plaintiff Daniel J. Lowenthal as a result of exposure to fuel oil on or about March 5, 1993. The oil had leaked from...

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