Seligson v. Russo

*463The court properly imposed liability for the costs of remediation of the leak from the oil tank under the partnership’s building pursuant to the Navigation Law, which imposes strict liability on “[a]ny person who has discharged petroleum” onto land “from which it might flow or drain into” the waters of the state, which include “bodies of . . . groundwater” (Navigation Law § 181 [1]; § 172 [8], [18]; see State of New York v New York Cent. Mut. Fire Ins. Co., 147 AD2d 77, 79 [1989]). Neither the “as is” clause in the offering memorandum whose terms were incorporated in defendants’ right of…