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MASSARO v. ROCKLAND FUEL OIL CORP.

2022-01083. Index No. 607346/19.

218 A.D.3d 458 (2023)

192 N.Y.S.3d 524

2023 NY Slip Op 03689

Joseph Massaro, Appellant, v. Rockland Fuel Oil Corp. et al., Respondents.

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

Decided July 5, 2023.

Attorney(s) appearing for the Case

Sunshine, Isaacson & Hecht, LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac ], of counsel), for appellant.

McCabe, Collins, McGeough, Fowler, Levine & Nogan, LLP, Jericho, NY ( Patrick M. Murphy of counsel), for respondents.

Dillon, J.P., Miller, Dowling and Wan, JJ., concur.

In an action, inter alia, to recover damages for a violation of Navigation Law § 181, the plaintiff appeals from an order of the Supreme Court, Nassau County (Erica L. Prager, J.), entered February 4, 2022. The order denied the plaintiff's motion for summary judgment on the issue of liability and dismissing the defendants' first and third affirmative defenses.

Ordered that the order is affirmed, with costs.

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