Ordered that the judgment and the supplemental judgment are reversed, on the law, with costs, the defendant's motion, in effect, pursuant to CPLR 4401 for judgment as a matter of law is granted, and the complaint is dismissed.
In the summer of 2003, the plaintiffs noticed a stain on the liner to the swimming pool on their property. The plaintiffs had soil tests performed and discovered that the stain was caused by an oil discharge from their neighbor's pool heater...
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