The gravamen of plaintiffs' claim, and that for which they seek class certification, is that defendant provided them and others similarly situated "with inferior, adulterated heating oil, i.e. that the fuel oil that was delivered to them contained oils of lesser value mixed into the ordered grade of fuel oil, so that the delivered product did not meet the standards of the parties' contracts" (BMW Group LLC v Castle Oil Corp.,
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MID ISLAND LP v. HESS CORPORATION
11626. 650911/13.
184 A.D.3d 439 (2020)
123 N.Y.S.3d 825
2020 NY Slip Op 03270
Mid Island LP, Doing Business as Madison Management of Queens, et al., Respondents, v. Hess Corporation, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided June 11, 2020.
Decided June 11, 2020.
Appellate Division of the Supreme Court of New York, First Department.
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