Legal Opinion

Guidice v. Patterson Oil

New York Supreme Court

Decided January 4, 2016PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

SONDRA K. PARDES, J.

In this action by homeowners for damages arising from a spill of home heating oil during delivery, the plaintiffs move for an order pursuant to CPLR 3212 granting them summary judgment on the issue of liability against the defendants, on the grounds that they are strictly liable as a matter of law under section 181 of the Navigation Law, and for an order dismissing the first and fourth affirmative defenses asserted by the defendants in their answer.

The defendants oppose the plaintiffs’ first request for relief, arguing that the quantity of the spill was…

2Cases cited13 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. JMD Holding Corp. v. Congress Financial Corp.New York Court of Appeals · 2005
  3. Cohen v. LordNew York Court of Appeals · 1989
  4. White v. LongNew York Court of Appeals · 1995
  5. State of New York v. GreenNew York Court of Appeals · 2001

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3Cited by1 opinion

  1. One Flint St., LLC v. ExxonMobil Corp.Appellate Division of the Supreme Court of the State of New York · 2019

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