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NICHOLS v. AGWAY, INC.

280 A.D.2d 889 (2001)

720 N.Y.S.2d 691

PATRICK NICHOLS et al., Respondents, v. AGWAY, INC., Doing Business as AGWAY ENERGY PRODUCTS, Appellant and Third-Party Plaintiff-Appellant. NORDYNE CORPORATION et al., Third-Party Defendants-Respondents. (Appeal No. 2.)

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

Decided February 7, 2001.

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs commenced this action to recover damages arising out of a fire that destroyed their mobile home on October 15, 1990. Plaintiffs allege that the fire was caused by a gas-fired hot water heater that they leased from defendant. The hot water heater was installed in plaintiffs' home by defendant on February 17, 1989. Plaintiffs allege that the...

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