Legal Opinion

Snyder v. Jessie

Appellate Division of the Supreme Court of the State of New York

Decided December 21, 1990PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Denman, J. P.

The primary issue for our consideration is whether plaintiffs have stated a cause of action against defendant Newcomb Oil Co., Inc. (Newcomb) under the Oil Spill Prevention, Control, and Compensation Law (the Oil Spill Law) (Navigation Law, art 12, §§ 170-197). We conclude that the Oil Spill Law does not create a private right of action and, accordingly, modify the order appealed from to dismiss plaintiffs’ first cause of action.

Plaintiffs Mark Snyder and Marcia Johnson commenced this action against Newcomb, a heating oil distributor, and Carl Jessie (not a…

2Cases cited4 opinions

  1. Phillips v. Sun Oil Co.New York Court of Appeals · 1954
  2. Town of Guilderland v. Texaco Refining & Marketing, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Domermuth Petroleum Equipment & Maintenance Corp. v. Gorman Bros.New York Supreme Court · 1985
  4. Snyder v. JessieNew York Supreme Court · 1989

3Cited by12 opinions

  1. White v. LongNew York Court of Appeals · 1995
  2. K. Douglas Scribner and Laurie B. Scribner v. John M. Summers, Stephen A. Summers, and Jasco-Sun Steel Treating, Inc.Court of Appeals for the Second Circuit · 1996
  3. AL Tech Specialty Steel Corp. v. Allegheny International, Inc. (In Re Allegheny International, Inc.)District Court, W.D. Pennsylvania · 1991
  4. Searle v. Suburban Propane Division of Quantum Chemical Corp.Appellate Division of the Supreme Court of the State of New York · 2000
  5. Concerned Area Residents for the Environment v. Southview FarmDistrict Court, W.D. New York · 1993

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