Boswell v. Leemilt's Petroleum, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Peters, J.
Appeal from an order of the Supreme Court (Lynch, J.), entered April 28, 1997 in Schenectady County, which granted defendants’ motion for summary judgment dismissing the complaint.
In September 1988, plaintiffs purchased property next door to a gas station which was owned by defendant Leemilt’s Petroleum, Inc. and leased to defendant Getty Petroleum Corporation. Shortly after taking possession, plaintiffs began to notice a smell of gasoline which, even with the windows closed, eventually permeated the house throughout the winter of 1988, getting stronger in the spring of 1989. At…
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