Schreiber v. Cimato

Appeal from a judgment of Supreme Court, Erie County (Mahoney, J.), entered December 7, 2001, which awarded plaintiffs the sum of $330,856.93 upon a jury verdict.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and a new trial is granted on damages only.

Memorandum: In 1987 plaintiffs agreed to purchase from defendants a one-acre parcel of land located in the Town of Amherst. While removing an underground tank before the closing, defendants caused a spill of petroleum-contaminated water. The New York State…