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VITALE v. DEAN FOWLER OIL CO., INC.

238 A.D.2d 794 (1997)

656 N.Y.S.2d 453

Carme S. Vitale, Jr., et al., Respondents, v. Dean Fowler Oil Company, Inc., Respondent, and Agway Petroleum Corporation, Appellant

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

April 17, 1997

Peters, J.

Plaintiffs commenced this action against defendant Dean Fowler Oil Company, Inc. (hereinafter DFO) based upon a customer equipment lease, executed in 1957, between plaintiffs' father, in the name of Vitale Lumber Company, and Fowler Oil Company, Inc., an entity related to DFO.* As part of the lease agreement, three underground petroleum dispensing storage tanks were to be installed on the Vitale property, at DFO...

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