Premier National Bank v. Effron Fuel Oil Co.

OPINION OF THE COURT

John R. LaCava, J.

The question presented to this court, in limine, is whether a former property owner’s1 attachment of a hose to a fuel oil tank into which a fuel oil deliverer, here defendant Effron Fuel Oil Corporation (Effron), delivered fuel and from which fuel spilled out and onto the ground constitutes an intervening act or superceding cause warranting the dismissal of a Navigation *170Law § 181 cause of action under CPLR 3211 (a) (7).2 The court finds that it does not.

In addition to a negligence cause of action wherein plaintiff Progressive Bank, Inc. (Progressive)…