Legal Opinion

Cortland Pump & Equipment, Inc. v. Firemen's Insurance Co. of Newark, N. J.

Appellate Division of the Supreme Court of the State of New York

Decided December 2, 1993PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Mikoll, J. P.

On July 1, 1989, a customer at the Petr-All gasoline station in Onondaga County drove his vehicle away from a gas pump with the pump’s nozzle still in the vehicle’s gas tank, resulting in damage to the pump. Petr-All called plaintiff to repair the *119damage pursuant to a service agreement. However, plaintiff’s repairman failed to perform a line test that would have revealed a cracked elbow joint underneath the pump which allegedly caused or permitted gasoline to flow into the ground and eventually into two adjoining residential properties. On March 28, 1990,…

2Cases cited9 opinions

  1. Continental Casualty Co. v. Rapid-American Corp.New York Court of Appeals · 1993
  2. Borg-Warner Corp. v. Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1992
  3. National Casualty Insurance v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1987
  4. Greenlee v. ShermanAppellate Division of the Supreme Court of the State of New York · 1989
  5. Continental Casualty Co. v. Rapid-American Corp.Appellate Division of the Supreme Court of the State of New York · 1992

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3Cited by10 opinions

  1. Stonewall Insurance Company, Plaintiff-Appellant-Cross-Appellee v. Asbestos Claims Management Corporation, Defendant-Appellee-Cross-Appellant, Liberty Mutual Insurance Company, Underwriters at Lloyds, Continental Casualty Company, American Motorists Insurance Company, Affiliated Fm Insurance Company, Republic Insurance Company, First State Insurance Company, United States Fire Insurance Company, Houston General Insurance Company, Twin City Fire Insurance Company, Old Republic Insurance Company, American Centennial Insurance Company, the Constitution State Insurance Company, Employers Insurance of Wausau, and Commercial Union Insurance Company, Defendants-Appellants-Cross-Appellees, and the Travelers Insurance Company, Asbestos Claims Management Corporation, Third-Party-Plaintiff-Appellee-Cross-Appellant v. International Insurance Company, Third-Party-Defendant-Appellant-Cross-Appellee, and H.S. Weavers (Underwriting) Agencies, Ltd., Third-PartyCourt of Appeals for the First Circuit · 1995
  2. Stonewall Insurance v. Asbestos Claims Management Corp.Court of Appeals for the Second Circuit · 1995
  3. Maryland Casualty Co. v. W.R. Grace & Co.Court of Appeals for the Second Circuit · 1993
  4. Maryland Casualty Company v. W.R. Grace And CompanyCourt of Appeals for the Second Circuit · 1994
  5. Maxum Indemnity Co. v. A One Testing Laboratories, Inc.District Court, S.D. New York · 2015

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