Legal Opinion
Frank v. Fortuna Energy, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 14, 2008PublishedCited by 2 opinions
1Opinion of the Court
Memorandum: Plaintiff commenced this action pursuant to RPAPL article 15 seeking a determination that he is the lawful owner of subsurface oil and gas on his property. Fortuna Energy, Inc., Richard Uhl, David L. Manning and Allen E Uhl (defendants) moved to dismiss the complaint against them or, alternatively, for summary judgment pursuant to CPLR 3211 (c). Supreme Court treated the motion as one for summary judgment pursuant to CPLR 3211 (c) and granted the motion. We affirm. Defendants met their initial burden by establishing that, when Joseph E. Uhl and Florence E Uhl conveyed the property…
2Cases cited3 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
- Marvin v. . Brewster Iron Mining CompanyNew York Court of Appeals · 1874
3Cited by2 opinions
- Mazzoni v. Village of Seneca FallsAppellate Division of the Supreme Court of the State of New York · 2009
- Drake v. FoxAppellate Division of the Supreme Court of the State of New York · 2010