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U.S. UNDERWRITERS INSURANCE COMPANY v. MEENAN OIL CO., INC.

2009-01471

67 A.D.3d 902 (2009)

891 N.Y.S.2d 416

2009 NY Slip Op 08610

U.S. UNDERWRITERS INSURANCE COMPANY, as Subrogee of LSC Builders Corp., Respondent, v. MEENAN OIL CO., INC., et al., Appellants.

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

Decided November 17, 2009.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

The plaintiff is an insurance company which insured a house which had been purchased by its subrogor LSC Builders Corp. (hereinafter the buyer) from the sellers on January 30, 2006. The sellers had a contract with the defendant Meenan Oil Co., Inc. (hereinafter Meenan), to deliver fuel oil to the...

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