Ordered that the order is affirmed insofar as appealed from, with costs.
In 1999, the defendant sold a complex of buildings, and, that same year, leased back some of those buildings from Plainview Properties, LLC. A single network of pipes distributed fuel oil used for heating from a storage tank on the defendant's leased premises to some of the defendant's leased buildings. There is no dispute that the network once serviced Building J, a presently unused structure...
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