Harland Enterprises, Inc. v. Commander Oil Corp.

OPINION OF THE COURT

Arthur D. Spatt, J.

This is a motion by defendant Town of North Hempstead (Town), pursuant to CPLR 3211 (subd [a], par 7), to dismiss the complaint upon the ground that the complaint fails to state a cause of action against the defendant Town of North Hempstead.

BACKGROUND AND CONTENTIONS

This is an action to recover damages for the negligence of the defendant Commander Oil Corp. in performing repair service upon plaintiff Holland’s oil burner (first cause of action) and for the negligence of the Westbury Fire Department of the Westbury Fire District in extinguishing or…