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FRANK v. FORTUNA ENERGY, INC.

49 A.D.3d 1294 (2008)

856 N.Y.S.2d 322

JAMES J. FRANK, Appellant, v. FORTUNA ENERGY, INC., et al., Respondents.

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

Decided March 14, 2008.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action pursuant to RPAPL article 15 seeking a determination that he is the lawful owner of subsurface oil and gas on his property. Fortuna Energy, Inc., Richard Uhl, David L. Manning and Allen P. Uhl (defendants) moved to dismiss the complaint against them or, alternatively, for summary judgment pursuant to CPLR 3211 (c). Supreme...

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