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EMPIRE STATE FUEL CORP. v. 2683 MORRIS ASSOC., LLC

2009-1523 KC.

31 Misc.3d 40 (2011)

EMPIRE STATE FUEL CORPORATION, Appellant, v. 2683 MORRIS ASSOCIATES, LLC, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided February 14, 2011.

Attorney(s) appearing for the Case

Krol & O'Connor, New York City ( Igor Krol of counsel), for appellant. Mehrdad Kohanim , Garden City, for respondent.

PESCE, P.J., and STEINHARDT, J., concur; GOLIA, J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is affirmed, without costs.

The verified complaint in this action alleged that, at the request of defendant's managing agent, plaintiff agreed to sell fuel to defendant and to deliver the fuel to premises owned by defendant, and thereafter opened an account for the delivery of fuel to the premises. The complaint specifically invoked CPLR 3016...

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