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NOVAK v. F & R FUEL OIL, INC.

232 A.D.2d 385 (1996)

648 N.Y.S.2d 309

Louis Novak et al., Appellants, v. F & R Fuel Oil, Inc., Respondent, et al., Defendants

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

October 7, 1996

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs' contentions, the Supreme Court did not err in concluding that the defendant F & R Fuel Oil, Inc., may be entitled to a setoff pursuant to General Obligations Law § 15-108 (b) against its liability, and in directing that this issue be addressed at the damages...

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