Vitale v. Dean Fowler Oil Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, J.
Appeal from an order of the Supreme Court (Mugglin, J.), entered June 26, 1996 in Delaware County, which, inter alia, denied a motion by defendant Agway Petroleum Corporation to dismiss the complaint against it for failure to state a cause of action.
Plaintiffs commenced this action against defendant Dean Fowler Oil Company, Inc. (hereinafter DFO) based upon a customer equipment lease, executed in 1957, between plaintiffs’ father, in the name of Vitale Lumber Company, and Fowler Oil Company, Inc., an entity related to DFO.* As part of the lease agreement, three underground petroleum dispensing…
2Cases cited11 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
- Sporn v. MCA Records, Inc.New York Court of Appeals · 1983
- Condon v. Associated Hospital ServiceNew York Court of Appeals · 1942
- Kain v. . LarkinNew York Court of Appeals · 1894
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3Cited by8 opinions
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- Christian v. Town of RigaDistrict Court, W.D. New York · 2009
- Hojohn v. Beltrone Construction Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Guryev v. TomchinskyAppellate Division of the Supreme Court of the State of New York · 2014
- Steele v. RoseAppellate Division of the Supreme Court of the State of New York · 2003
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