STEUBEN CONTRACTING, INC. v. GRIFFITH OIL CO., INC.


283 A.D.2d 1008 (2001)

726 N.Y.S.2d 308

STEUBEN CONTRACTING, INC., on Behalf of Itself and Through Its Wholly Owned Division, RHINEHART SAND & GRAVEL, et al., Appellants-Respondents, v. GRIFFITH OIL CO., INC., et al., Appellants-Respondents, and CHEVRON USA, INC., Respondent.

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

Decided May 2, 2001.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting the motion of defendant Chevron USA, Inc. (Chevron) for summary judgment dismissing the fourth amended complaint and cross claims against it. Chevron failed to meet its burden of establishing as a matter of law that the failure of Gulf Oil Corp., Chevron's predecessor, to provide corrosion protection when it installed the...

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