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  5. 267 A.D.2d 945 (1999)
 

PIONEER INSURANCE COMPANY v. GRIFFITH OIL CO., INC.

267 A.D.2d 945 (1999)

699 N.Y.S.2d 857

PIONEER INSURANCE COMPANY, as Subrogee of MALCOLM WETMORE, SR., and Another, Appellant-Respondent, v. GRIFFITH OIL CO., INC., Respondent-Appellant.

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

Decided December 30, 1999.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied defendant's cross motion for summary judgment dismissing the complaint in this action commenced by plaintiff, Pioneer Insurance Company, as subrogee of Malcolm Wetmore, Sr. and Elsie Wetmore. At the request of Malcolm Wetmore, defendant delivered a used 300-gallon above ground gasoline storage tank to him. It was later discovered...

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