Philwold LLC v. Inergy LP

Appeal from an order of the Supreme Court (McGuire, J.), entered January 13, 2015 in Sullivan County, which, among other things, granted defendants’ motions for summary judgment dismissing the complaint.

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 used within the tortoise house was manufactured by…