STATE OF NEW YORK v. WILLIAMS


44 A.D.3d 1149 (2007)

843 N.Y.S.2d 722

STATE OF NEW YORK, Respondent, v. CHRISTINE S. WILLIAMS, as Executor of WILLIAM H. SCHACHT, Deceased, et al., Defendants, and R.J. GUERRERA, INC., Appellant.

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

Decided October 18, 2007.


Kane, J.

In 1997, plaintiff discovered a petroleum discharge on the property of a service station to which defendant R.J. Guerrera, Inc. (hereinafter defendant) delivered fuel for more than a decade. The discharge is alleged to have been caused by overfilling and leaking of underground storage tanks. In 2003, Mystic Tank Lines Corporation became defendant's successor in interest. In May 2004, plaintiff commenced this Navigation Law article 12 action against all potential...

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