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CLEARY v. WALLACE OIL COMPANY, INC.

55 A.D.3d 773 (2008)

865 N.Y.S.2d 663

JOHN CLEARY et al., Respondents, v. WALLACE OIL COMPANY, INC., et al., Appellants, et al., Defendants. (Action No. 1.) PREFERRED MUTUAL INSURANCE COMPANY, as Subrogee of JOHN CLEARY and Another, Respondent, v. WALLACE OIL COMPANY, INC., et al., Appellants, et al., Defendants. (Action No. 2.)

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

October 21, 2008.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the cross motion of the defendants Wallace Oil Company, Inc., Alta East, Inc., Star Gas Partners, L.P., Meenan Oil Company, Inc., Region Oil, Petro Holdings, Inc., and Petro, Inc., which was for summary judgment dismissing the causes of action to recover damages for negligent infliction of emotional distress, and substituting...

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