Kim v. A. Johnson Plumbing & Heating, Inc.

McCarthy, J.P.

Appeal from an order of the Supreme Court (Nolan Jr., J.), entered January 20, 2016 in Saratoga County, which partially denied a motion by defendant Superior Plus Energy Services, Inc. to, among other things, conditionally dismiss the complaint against it unless plaintiffs complied with discovery requests.

Plaintiffs Ronald Earn and Jennifer Kim were forced to leave their home after it was declared uninhabitable as the result of approximately 125 gallons of heating oil spilling into their dirt-bottomed basement. Plaintiffs claim that the spill was caused by a combination of…