PHILWOLD LLC v. INERGY LP

521846.

140 A.D.3d 1272 (2016)

32 N.Y.S.3d 721

2016 NY Slip Op 04285

PHILWOLD LLC et al., Appellants, v. INERGY LP, Doing Business as BURNWELL GAS, et al., Respondents, et al., Defendants.

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

Decided June 2, 2016.


Plaintiff Philwold LLC is the owner of an insulated, heated building (hereinafter referred to as the tortoise house) within which its managing member, plaintiff Stuart Salenger, kept and maintained a number of tortoises. The tortoise house served as a winter residence for the tortoises. The gas fired, thermostat controlled heating system...

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