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Serota v. M. & M. Utilities, Inc.

285 N.Y.S.2d 121 (1967)

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Serota v. M. & M. Utilities, Inc.

New York District Court, Nassau County

285 N.Y.S.2d 121 (1967)

Facts

Homeowner (plaintiff) sued a fuel-oil supplier (defendant) for trespass that the homeowner alleged occurred when the fuel-oil supplier, without authorization, delivered oil to the homeowner’s home. The homeowner further alleged damages caused by the trespass that deposited fuel oil upon the homeowner’s lawn and shrub beds surrounding the homeowner’s home. The fuel-oil company, which had a contract with the home’s previous owner to deliver fuel oil, claimed it had no notice of the contract’s cancellation and that it was unaware that the fuel tank on the property had been filled between the time the fuel company last filled it and the recent delivery that caused the overflow. The homeowner moved for summary judgment on the trespass claim.

Rule of Law

Issue

Holding and Reasoning (Bernard Tomson, J.)

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