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STOYANOVSKIY v. AMERADA HESS CORPORATION

286 A.D.2d 727 (2001)

730 N.Y.S.2d 172

DMITRIY STOYANOVSKIY, Respondent, v. AMERADA HESS CORPORATION, Appellant.

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

Decided September 17, 2001.

Ordered that the judgment is reversed, on the facts and as an exercise of discretion, and the matter is remitted to the Supreme Court, Kings County, for a new trial on liability and damages.

In June 1995, the plaintiff, a truck driver who delivered gas and fuel, was assigned to pick up diesel fuel at the defendant's terminal in Newark, New Jersey. When he drove his truck into the defendant's premises, the plaintiff noticed...

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