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ONE FLINT ST., LLC v. EXXON MOBIL CORP.

612 CA 18-01361.

175 A.D.3d 1012 (2019)

107 N.Y.S.3d 577

2019 NY Slip Op 06304

One Flint St., LLC, et al., Respondents, v. Exxon Mobil Corporation et al., Respondents, and Genesee Scrap & Tin Baling Co., Inc., et al., Appellants, et al., Defendants.

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

Decided August 22, 2019.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motions of plaintiffs and defendants Exxon Mobil Corporation and ExxonMobil Oil Corporation insofar as they sought a determination that defendant Genesee Scrap & Tin Baling Co., Inc. is strictly liable as a discharger under Navigation Law § 181 (1), and granting in part the cross motion of defendants Genesee Scrap &...

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