DRAKE v. FOX


70 A.D.3d 1326 (2010)

894 N.Y.S.2d 306

MILFORD C. DRAKE et al., Appellants, v. DALE F. FOX et al., Respondents.

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

Decided February 11, 2010.


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

Memorandum: Plaintiffs commenced this action seeking, inter alia, damages for physical and environmental damage to their properties allegedly resulting from defendants' oil and gas exploration and production activities conducted pursuant to a series of oil and gas leases. Supreme Court properly dismissed the complaint following a nonjury trial. "[A] mineral estate in a tract...

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