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FUCHS & BERGH, INC. v. LANCE ENTERPRISES, INC.

2009-01891.

66 A.D.3d 733 (2009)

887 N.Y.S.2d 610

2009 NY Slip Op 7374

FUCHS & BERGH, INC., Doing Business as LITTLE SWITZERLAND DOLLS, et al., Appellants, v. LANCE ENTERPRISES, INC., Doing Business as LARRY ANCEWICZ, et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 13, 2009.

Ordered that the order is affirmed, with costs.

The plaintiffs commenced this action to recover damages resulting from a discharge of petroleum which occurred at their doll shop on December 15, 1998. On a prior appeal, we determined that the plaintiffs were entitled to summary judgment on the issue of liability pursuant to Navigation Law § 181, finding that the sole cause of the discharge was the defendants' act of...

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