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DiBUONO v. ABBEY, LLC

2009-02746

69 A.D.3d 670 (2010)

891 N.Y.S.2d 656

2010 NY Slip Op 217

JAMES DiBUONO et al, Respondents, v. ABBEY, LLC, et al., Defendants, and EDITH SHULMAN, Appellant.

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

Decided January 12, 2010.

Ordered that the order is affirmed, with costs.

The plaintiffs commenced this action to recover damages for injuries to their land which allegedly were caused by the leaking of petroleum from gasoline storage tanks located at three nearby service stations. One of those service stations allegedly was owned and operated by the appellant.

In considering a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7),...

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