Levine v. Horton

Appeal from an order of the Supreme Court (McNamara, J.), entered December 5, 2013 in Albany County, which, among other things, partially denied defendant Mark A. Young’s motion for summary judgment dismissing the complaint.

Plaintiff is the trustee in bankruptcy of the former owners (hereinafter the owners) of a gas station and convenience store that sustained damage in November 2002 when a fuel truck collided with a dump truck, resulting in a fuel spill and an explosion on their property. In December 2006, after the Department of Environmental Conservation determined that the site had been…