General Casualty Insurance v. Kerr Heating Products
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*513In an action to recover insurance payments made by the plaintiff to its insureds for the cleanup costs of an oil discharge on their property, the defendants Kerr Heating Products and Parrsboro Metal Fabricators, Ltd., appeal from so much of an order of the Supreme Court, Suffolk County (Baisley, J.), dated May 11, 2007, as denied their motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against them for failure to state a cause of action.
Ordered that the order is affirmed insofar as appealed from, with costs.
In December 1998 James Spillane and Deborah Spillane,…
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