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OLD HOMESTEAD v. WILLETT

22 Misc.3d 35 (2008)

OLD HOMESTEAD PROPERTIES, INC., Doing Business as RAINBOW OIL, Respondent, v. ROSLYN WILLETT, Appellant.

Appellate Term of the Supreme Court of New York, Second Department.

November 19, 2008.

Attorney(s) appearing for the Case

Roslyn Willett, appellant pro se.

Before: RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment reversed without costs and action dismissed.

In this commercial claims action for nonpayment of home heating fuel oil delivered to defendant, plaintiff seeks to recover the sum of $344.85 as the balance due on a delivery of 397.2 gallons of home heating fuel oil. Defendant contested plaintiff's claim that 397.2 gallons...

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