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LENART REALTY CORP. v. PETROLEUM TANK CLEANERS, LTD.

12208, 303402/12

116 A.D.3d 536 (2014)

984 N.Y.S.2d 40

2014 NY Slip Op 2539

LENART REALTY CORP., Plaintiff, v. PETROLEUM TANK CLEANERS, LTD., Defendant, CASTLE OIL CORPORATION, Respondent, and CRYSTAL TRANSPORTATION CORP., Appellant.

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

Decided April 15, 2014.

This action arises out of an oil spill that occurred while Crystal was making a delivery of oil to a building owned by plaintiff pursuant to a delivery agreement under which Crystal delivered oil to Castle's customers. The delivery agreement contained an indemnification provision which provided in pertinent part:

"[Crystal] is responsible ... for any damage or loss to the equipment or premises of a Castle customer to the extent caused by [Crystal]'s acts or omissions...

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