ESTATE OF HATCH v. NYCO MINERALS, INC.


270 A.D.2d 590 (2000)

704 N.Y.S.2d 340

ESTATE OF FRANCES HATCH, by THEODORE M. RUZOW et al., as Coexecutors, et al., Respondents-Appellants, v. NYCO MINERALS, INC., Appellant-Respondent.

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

Decided March 9, 2000.


Carpinello, J.

This matter involves a dispute over defendant's obligation to continue to pay royalties to plaintiffs in connection with its mining activities in Essex County. The action was previously before this Court on an appeal from the denial of defendant's motion for summary judgment seeking dismissal of plaintiffs' complaint. On that occasion, our review of the operative agreements executed by the parties' predecessors in interest compelled the conclusion that...

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