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MACIARELLO v. EMPIRE COMFORT SYSTEMS

16 A.D.3d 1009 (2005)

792 N.Y.S.2d 671

CARMEN MACIARELLO et al., Appellants, v. EMPIRE COMFORT SYSTEMS, Respondent, et al., Defendant.

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

March 31, 2005.

Carpinello, J.

Ten days after a propane heater, manufactured by defendant Empire Comfort Systems, was installed in plaintiffs' home by defendant Riverside Gas and Oil Company, Inc., a fire erupted causing extensive damage. This action was thereafter commenced against Empire and Riverside to recover the money paid to plaintiffs for this loss on theories of liability sounding in products liability and improper installation. Following discovery, Empire moved for summary...

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