Drake v. Fox

Appeal from a judgment of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered October 29, 2008. The judgment dismissed the complaint after a nonjury trial.

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…