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PETRO, INC. v. SERIO

9 Misc.3d 805 (2005)

804 N.Y.S.2d 598

PETRO, INC., Plaintiff, v. GREGORY V. SERIO, as Superintendent of Insurance of the State of New York, Defendant.

Supreme Court, New York County.

July 29, 2005.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General (Martha Lees of counsel), for defendant.

Fulbright & Jaworski LLP (James Neale of counsel), for plaintiff.

OPINION OF THE COURT

CHARLES EDWARD RAMOS, J.

In a declaratory judgment action to determine whether services provided by a heating fuel oil company amount to insurance coverage, the Superintendent of the Insurance Department of New York State, Gregory V. Serio, moves for a preliminary injunction pursuant to Insurance Law § 327, barring plaintiff Petroleum Heating and Oil Services, Inc. (Petro) from marketing...

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