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PRATO v. VIGLIOTTA

277 A.D.2d 214 (2000)

715 N.Y.S.2d 865

CHARLES PRATO et al., Respondents, v. ERNESTO VIGLIOTTA et al., Defendants, OCEAN ENTERPRISES, INC., et al., Respondents, and SUN MARK, INC., et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 6, 2000.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

The plaintiffs, owners of residential property in East Moriches, commenced this action in 1994 seeking, inter alia, to recover damages for injuries resulting from the discharge of...

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