It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting defendant's motion in part and dismissing the complaint to the extent that it seeks damages for mental distress and anguish and recoupment of the Department of Environmental Conservation fine and the attendant remediation costs and as modified the order is affirmed without costs.
Memorandum:
On August 5, 1998, plaintiff contracted to purchase...
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