OK PETROLEUM DISTRIBUTION CORP. v. NASSAU/SUFFOLK FUEL OIL CORP.


17 A.D.3d 551 (2005)

793 N.Y.S.2d 152

OK PETROLEUM DISTRIBUTION CORP. et al., Appellants, v. NASSAU/SUFFOLK FUEL OIL CORP. et al., Respondents.

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

April 18, 2005.


Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, the cross motion is denied without prejudice to renewal after the completion of discovery, the fifth and sixth causes of action are reinstated insofar as asserted against the defendant Helen Shusterman-Fishman, and the seventh cause of action is reinstated in its entirety.

In opposition to the prima facie showing of entitlement to summary judgment by...

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