Legal Opinion
State of New York v. Green
New York Court of Appeals
Decided July 5, 2001PublishedCited by 52 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
In this Navigation Law article 12 action, we are asked to decide a question left open in White v Long (85 NY2d 564): whether a faultless landowner on whose property petroleum has spilled is a “discharger” liable for the cleanup costs. While we refuse to impose liability based solely on ownership of contaminated land, we nonetheless conclude that where, as here, a landowner can control activities occurring on its property and has reason to believe that petroleum products will be stored there, the landowner is liable as a discharger for the cleanup costs.
Defendant…
2Cases cited6 opinions
- White v. LongNew York Court of Appeals · 1995
- Affronti v. CrossonNew York Court of Appeals · 2001
- White v. ReganAppellate Division of the Supreme Court of the State of New York · 1991
- Domermuth Petroleum Equipment & Maintenance Corp. v. Herzog & Hopkins, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- State v. MontayneAppellate Division of the Supreme Court of the State of New York · 1993
1 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
- In Re Methyl Tertiary Butyl Ether Products Liability LitigationDistrict Court, S.D. New York · 2005
- State v. Speonk Fuel, Inc.New York Court of Appeals · 2004
- Dora Homes, Inc. v. EppersonDistrict Court, E.D. New York · 2004
- Union Turnpike Associates, LLC v. Getty Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2006
47 more not listed; retrieve them via the Exa API.