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STONE RIDGE COUNTRY PROPERTIES CORPORATION v. MOHONK OIL COMPANY, INC.

511078.

84 A.D.3d 1556 (2011)

923 N.Y.S.2d 282

STONE RIDGE COUNTRY PROPERTIES CORPORATION, Respondent, v. MOHONK OIL COMPANY, INC., et al., Defendants, and W.R. BERKLEY CORPORATION, Appellant.

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

Decided May 12, 2011.

MALONE JR., J.

In November 2006, defendant James Owens, an employee of defendant Mohonk Oil Company, Inc., attempted to deliver fuel oil to a house on property owned by plaintiff, but was told by people working there that the heating system was under construction and that acceptance of oil was not possible that day. Owens returned to the property the following day and, after finding no one around, proceeded to fill the fuel oil tank. The oil flowed out of the tank...

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