AMICA MUTUAL INSURANCE COMPANY v. KINGSTON OIL SUPPLY CORP.

2015-03413, Index No. 50153/14.

134 A.D.3d 750 (2015)

21 N.Y.S.3d 318

2015 NY Slip Op 09059

AMICA MUTUAL INSURANCE COMPANY, as Subrogee of Eric Trudel, Appellant, v. KINGSTON OIL SUPPLY CORP., Also Known as Kosco, Respondent.

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

Decided December 9, 2015.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint as time-barred is denied.

The plaintiff, as subrogee of Eric Trudel, asserts that in September 2009, Trudel entered into a contract whereby the defendant agreed to deliver petroleum to Trudel's home and to maintain Trudel's residential heating system. In May 2011, Trudel discovered that an above-ground storage tank on his property was...

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