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HUSS v. RUCCI OIL CO., INC.

2016-877 RIC.

58 Misc.3d 21 (2017)

68 N.Y.S.3d 298

2017 NY Slip Op 27416

RICHARD HUSS, as Trustee of HUGUENOT LODGE #381 F. & A.M., Respondent, v. RUCCI OIL COMPANY, INC., Appellant.

Supreme Court, Appellate Term, Second Department.

Decided December 22, 2017.

Attorney(s) appearing for the Case

Bonfiglio & Asterita, LLC ( Steven D. Schwartzman of counsel) for appellant.

Law Office of Nicholas M. Moccia, P.C. ( Nicholas M. Moccia of counsel) for respondent.

SOLOMON, J.P., PESCE and ELLIOT, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, and defendant's motion to dismiss the complaint is granted.

On June 11, 2015, plaintiff Richard Huss, as Trustee of Huguenot Lodge #381 F. & A.M., commenced this action, alleging breach of contract and negligence based on defendant's failure to obtain the necessary permits in its installation of a fuel storage...

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