McCABE v. ALLSTATE INSURANCE COMPANY


260 A.D.2d 850 (1999)

688 N.Y.S.2d 764

THOMAS J. McCABE et al., Respondents-Appellants, v. ALLSTATE INSURANCE COMPANY et al., Appellants-Respondents.

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

Decided April 15, 1999.


Graffeo, J.

Plaintiffs, residents of Virginia, were the owners of a vacation home in the Town of Edinburg, Saratoga County, which suffered substantial damage as the result of frozen pipes in the winter of 1996. In 1991, plaintiffs orally contracted with defendants Northville Robin Service, Inc. and Dean Shepard (hereinafter collectively referred to as Northville) for automatic fuel oil delivery service. Pursuant to the...

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