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PREMIER BANK v. EFFRON OIL CO

182 Misc.2d 169 (1999)

698 N.Y.S.2d 434

PREMIER NATIONAL BANK, as Successor by Merger to PAWLING SAVINGS BANK, Plaintiff, v. EFFRON FUEL OIL COMPANY, a Division of MEENAN OIL COMPANY, L.P., Defendant.

Supreme Court, Dutchess County.

October 8, 1999.

Attorney(s) appearing for the Case

Boeggeman, George, Hodges & Corde, P. C., White Plains, for defendant.

Kleinman, Saltzman & Bolnick, L. L. P., New City, for plaintiffs.

OPINION OF THE COURT

JOHN R. LaCAVA, J.

The question presented to this court, in limine, is whether a former property owner's1 attachment of a hose to a fuel oil tank into which a fuel oil deliverer, here defendant Effron Fuel Oil Corporation (Effron), delivered fuel and from which fuel spilled out and onto the ground constitutes an intervening act or superceding cause warranting the dismissal of a Navigation

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