Great Southwest Fire Insurance v. Long Island Oil Products Co.

Judgment, Supreme Court, New York County, entered May 21, 1976, in favor of the defendant, dismissing the complaint after a jury trial, unanimously reversed, on the law, the judgment vacated, and the matter remanded for a new trial, with $60 costs and disbursements of this appeal to abide the event. Estel Jewelry Co., Inc., was in the business of selling costume jewelry and general novelty merchandise at 863 Broadway in New York City. The building which Estel occupied was a four-story commercial building heated by an oil burner. The oil burner was serviced by Long Island Oil Products. On…