DOMERMUTH v. GORMAN BROS.


127 Misc.2d 323 (1985)

Domermuth Petroleum Equipment and Maintenance Corporation, Plaintiff, v. Gorman Bros., Inc., Defendant. (Action No. 1.) Domermuth Petroleum Equipment and Maintenance Corporation, Plaintiff, v. Aetna Casualty and Surety Company, Defendant. (Action No. 2.)

Supreme Court, Special Term, Albany County.

February 13, 1985


Attorney(s) appearing for the Case

Ronald H. Sinzheimer for plaintiff. Carter, Conboy, Bardwell Case & Blackmore (Randall J. Ezick of counsel), for defendants.


CON. G. CHOLAKIS, J.

Plaintiff, a company in the business of cleaning up petroleum spills, was hired by the New York State Department of Transportation (hereafter D.O.T.) to contain and clean up liquid asphalt emulsion, a petroleum derivative, which was flowing into a tributary of Lake George. The emulsion came from a tanker apparently owned by defendant Gorman Bros., Inc. (hereafter Gorman).

Upon the...

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