Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
On July 2, 2007, the defendant Abbott & Mills, Inc., mistakenly delivered 400 gallons of fuel oil to the plaintiff's residence. Although the oil tank had been removed from the residence when the plaintiff purchased the home, an oil fill pipe had not been removed, and oil was pumped through that pipe into the garage.
Contrary to the defendants' contentions, the plaintiff...
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