Thomasian v. Esso Standard Oil Co.

Appellate Division of the Supreme Court of New York

Thomasian v. Esso Standard Oil Co.

6 A.D.2d 1057, 179 N.Y.S.2d 361, 1958 N.Y. App. Div. LEXIS 4528

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

DecidedOctober 27, 1958

StatusPublished

This text of 6 A.D.2d 1057 (Thomasian v. Esso Standard Oil Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thomasian v. Esso Standard Oil Co., 6 A.D.2d 1057, 179 N.Y.S.2d 361, 1958 N.Y. App. Div. LEXIS 4528 (N.Y. Ct. App. 1958).

Pincite

Opinion

In an action by an owner of real property to recover damages claimed to have arisen from a failure to deliver oil in accordance with an alleged contract for automatic delivery, the appeal is from a judgment of the City Court of Mount Vernon entered on a jury verdict in favor of the property owner. Judgment reversed and a new trial ordered, with costs to abide the event. There was no evidence on behalf of respondent as to what an oil burner service man, called by the steamfitter, engaged by respondent, found on December 27, 1955. From appellant’s evidence it appeared that there were 388 gallons of oil in the tank before the delivery of December 28, 1955. Under the circumstances it is our opinion that the finding implicit in the verdict that the oil burner did not function because of lack of oil is against the weight of the evidence. Wenzel, Acting P. J., Beldock, Murphy, Ughetta and Kleinfeld, JJ., concur.

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In an action by an owner of real property to recover damages claimed to have arisen from a failure to deliver oil in accordance with an alleged contract for automatic delivery, the appeal is from a judgment of the City Court of Mount Vernon entered on a jury verdict in favor of the property owner. Judgment reversed and a new trial ordered, with costs to abide the event. There was no evidence on behalf of respondent as to what an oil burner service man, called by the steamfitter, engaged by respondent, found on December 27, 1955. From appellant’s evidence it appeared that there were 388 gallons of oil in the tank before the delivery of December 28, 1955. Under the circumstances it is our opinion that the finding implicit in the verdict that the oil burner did not function because of lack of oil is against the weight of the evidence. Wenzel, Acting P. J., Beldock, Murphy, Ughetta and Kleinfeld, JJ., concur.

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Bluebook (online)

6 A.D.2d 1057, 179 N.Y.S.2d 361, 1958 N.Y. App. Div. LEXIS 4528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomasian-v-esso-standard-oil-co-nyappdiv-1958.