Legal Opinion

Levin v. Hoffman Fuel Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 10, 1983PublishedCited by 21 opinions

1Opinion of the Court

— Order, Supreme Court, New York County (McCooe, J.), entered March 24, 1982, which granted defendant’s motion to dismiss the complaint on the ground that it is barred by the Statute of Limitations, affirmed, with costs. As detailed in the complaint, the allegations of which are deemed true on a motion to dismiss, the defendant Hoffman Fuel Company (Hoffman) agreed to supply heating fuel oil to plaintiffs’ residence in Carmel, New York, on an automatic delivery basis, and in late December, 1975 Hoffman breached its agreement by permitting the oil supply to run out. As a consequence, the water…

2Cases cited4 opinions

  1. Perlmutter v. Beth David HospitalNew York Court of Appeals · 1954
  2. Schenectady Steel Co. v. Bruno Trimpoli General Construction Co.Appellate Division of the Supreme Court of the State of New York · 1974
  3. Schenectady Steel Co. v. Bruno Trimpoli General Construction Co.New York Court of Appeals · 1974
  4. Farm Automation Corp. v. SenterAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by21 opinions

  1. American Express Bank Ltd. v. Uniroyal, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  2. Heiman v. Bimbo Foods Bakeries Distribution Co.Court of Appeals for the Seventh Circuit · 2018
  3. Conopco, Inc. v. McCreadieDistrict Court, D. New Jersey · 1993
  4. Alesayi Beverage Corp. v. Canada Dry Corp.District Court, S.D. New York · 1996
  5. Levin v. Hoffman Fuel Co.New York Court of Appeals · 1983

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