Franklin v. Carpinello Oil Co.

Appeal from a judgment of the Supreme Court in favor of plaintiff, entered February 11,1980 in Albany County, upon a verdict rendered at Trial Term (Pitt, J.). In separately stated causes of action in negligence, express contract and implied contract, plaintiff sought to recover damages to her home following a fire which she claimed was caused by defendant’s failure to clean her furnace in the summer of 1976. Plaintiff’s testimony, which consisted of reading the transcript of her examination before trial to the jury, was unclear, at times contradictory, and minimally adequate in establishing…