CHERRY v. RESOURCE AMERICA, INC.


285 A.D.2d 989 (2001)

727 N.Y.S.2d 848

THOMAS CHERRY et al., Individually and on Behalf of All Those Similarly Situated, Respondents, v. RESOURCE AMERICA, INC., et al., Appellants.

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

Decided July 3, 2001.


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 are located deposits of natural gas, entered into oil and gas leases with a predecessor in interest to defendant Resource America, Inc. (Resource America). The leases provided that the respective plaintiffs would be paid a royalty for the gas produced from wells drilled on their property based upon a percentage...

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