State v. Tartan Oil Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*113OPINION OF THE COURT
Mercure, J.
In 1984, gasoline was discovered in groundwater near a service station operated by defendants Tartan Oil Corporation and Rally Oil Company (hereinafter collectively referred to as defendants) in the Town of Smithtown, Suffolk County. Plaintiff expended $167,236.30 to contain, remove and mitigate the discharge and, thereafter, brought this action against, inter alia, defendants, alleging their strict liability for cleanup costs under Navigation Law article 12 and liability for $500,000 in penalties under Navigation Law §§ 190 and 192. Defendants then brought a…
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