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1093 GROUP, LLC v. CANALE

476 CA 09-02411.

72 A.D.3d 1561 (2010)

900 N.Y.S.2d 561

1093 GROUP, LLC, Respondent, v. MARY JANE CANALE, Appellant.

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

Decided April 30, 2010.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the cross motion is denied.

Memorandum: Plaintiff commenced this action to recover damages arising from the leakage of petroleum products from underground storage tanks on its property. We agree with defendant, a former owner of the property, that Supreme Court erred in granting plaintiff's cross motion for summary...

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