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KIM v. A. JOHNSON PLUMBING AND HEATING, INC.

522748.

148 A.D.3d 1312 (2017)

2017 NY Slip Op 01738

49 N.Y.S.3d 766

RONALD KIM et al., Respondents, v. A. JOHNSON PLUMBING AND HEATING, INC., et al., Defendants, and SUPERIOR PLUS ENERGY SERVICES, INC., Doing Business as SUPERIOR PLUS ENERGY SERVICES, Appellant.

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

Decided March 9, 2017.

Plaintiffs Ronald Kim and Jennifer Kim were forced to leave their home after it was declared uninhabitable as the result of approximately 125 gallons of heating oil spilling into their dirt-bottomed basement. Plaintiffs claim that the spill was caused by a combination of defendant Superior Plus Energy Services, Inc. mistakenly refilling...

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