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MELOHN v. R&M COMBUSTION CO., INC.

296 A.D.2d 323 (2002)

744 N.Y.S.2d 321

MARTHA MELOHN et al., Respondents-Appellants, v. R&M COMBUSTION CO., INC., Respondent, and AMERADA HESS CORPORATION, Appellant-Respondent, et al., Defendant.

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

Decided July 2, 2002.

In this action arising out of an oil spill that occurred at plaintiffs' apartment building, plaintiffs presented ample, uncontradicted evidence demonstrating the permanent nature of the resulting oil contamination and the consequent loss in the value of their property. In view of this evidence, it cannot be said that the trial proof so preponderated in favor of defendants that the jury's verdict could not have been reached on any...

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