Popolizio v. City of Schenectady

Appeal from an order of the Supreme Court (Lynch, J.), entered November 25, 1998 in Schenectady County, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.

As the result of a tax foreclosure proceeding, defendant acquired title to certain real property in January 1994 and, approximately two months later, sold the property to plaintiffs at public auction. After plaintiffs removed existing underground petroleum storage tanks from the property, it was determined that several of the tanks had leaked prior to removal. As owners of the property at the time…