LABARTE v. SENECA RESOURCES CORPORATION


285 A.D.2d 974 (2001)

728 N.Y.S.2d 618

MARION H. LABARTE et al., Individually and on Behalf of All Those Similarly Situated, Respondents, v. SENECA RESOURCES CORPORATION et al., Appellants.

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

Decided July 3, 2001.


Amended order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs, the owners of real property on which there are deposits of natural gas, entered into oil and gas leases with a predecessor in interest to defendant Seneca Resources Corporation (Seneca). The leases provided that the respective plaintiffs would be paid a royalty based upon a percentage of the value of the gas produced by the wells on...

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