CARTER v. SUBURBAN HEATING OIL PARTNERS, L.P.


44 A.D.3d 1221 (2007)

845 N.Y.S.2d 482

MICHAEL J. CARTER, Appellant, v. SUBURBAN HEATING OIL PARTNERS, L.P., Doing Business as SUBURBAN ENERGY SERVICES, et al., Respondents. (And a Third-Party Action.)

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

Decided October 25, 2007.


Kane, J.

Plaintiff was preparing to sell his home in Schoharie County. He had been living in Florida for about five years and used the home only sporadically during that time. Propane was the main source of heat and cooking fuel, but a kerosene heater was also located within the house. Tanks for both fuels were located outside the home. Before moving to Florida, plaintiff emptied the kerosene tank and piping, leaving the connections loose. Defendant Karl F. Gockel...

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