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DUNNING v. SHELL OIL

57 A.D.2d 16 (1977)

Edward M. Dunning et al., Doing Business as Dunning Buick, Appellants, v. Shell Oil Company et al., Respondents, and Lawrence E. Wilson et al., Defendants and Third-Party Plaintiffs-Respondents; E. W. Milstrey and Son, Inc., Third-Party Defendant

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 7, 1977

Attorney(s) appearing for the Case

Pemberton, Buchyn & O'Hare (James L. Pemberton of counsel), for appellants.

Dugan, Lyons, Pentak, Brown & Tobin (Kevin P. Glasheen of counsel), for respondents.

Carter, Conboy, Bardwell, Case & Blackmore (Randall J. Ezick of counsel), for defendants and third-party plaintiffs-respondents.

Maynard, O'Connor & Smith for third-party defendant.

GREENBLOTT, J. P., MAHONEY, MAIN and HERLIHY, JJ., concur.

KANE, J.

Plaintiffs commenced this action in 1974 seeking money damages for the injuries sustained by their property in May of 1971 as the result of a fire allegedly caused by a leakage from underground gasoline storage tanks located across the road and at a higher elevation on defendants' premises. Shortly after the fire, plaintiffs had engaged the services of a geologist to conduct certain tests on the soil of their premises and report his findings...

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