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BENNETT v. STATE FARM FIRE & CAS. CO.

2014-05376, Index No. 10385/13.

137 A.D.3d 725 (2016)

26 N.Y.S.3d 327

2016 NY Slip Op 01452

RICHARD BENNETT et al., Respondents, v. STATE FARM FIRE AND CASUALTY COMPANY et al., Defendants, and CREATIVE LANDSCAPING BY COW BAY, INC., et al., Appellants.

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

Decided March 2, 2016.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

This action arises from an oil contamination incident that occurred at the plaintiffs' property in May 2011. The complaint alleges that an oil spill occurred after an employee of the defendant Creative Landscaping by Cow Bay, Inc. (hereinafter Creative Landscaping), severed an underground fuel line at the property in the course of performing sprinkler repairs. Shortly thereafter,...

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