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SNYDER v. JESSIE

145 Misc.2d 293 (1989)

Mark Snyder et al., Plaintiffs, v. Carl Jessie et al., Defendants.

Supreme Court, Monroe County.

September 27, 1989

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (Thomas S. D'Antonio of counsel), for Newcomb Oil Co., Inc., defendant. Alan J. Knauf for plaintiffs.

WILMER J. PATLOW, J.

Defendant Newcomb Oil Co., Inc. moves to dismiss plaintiffs' complaint for failure to state a cause of action.

Plaintiffs' second amended complaint alleges that in late 1986 and early 1987 defendant Newcomb Oil Co., Inc. (hearinafter Newcomb) pumped oil into a fuel tank located on the property of defendant Carl Jessie, plaintiffs' neighbor, which oil overflowed from the tank and...

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