State v. Shell Oil Co.

Appeal from an order of the Supreme Court at Special Term (Pitt, J.), entered March 9,1981 in Albany County, which denied defendant’s motion to dismiss the complaint. On May 5, 1978, defendant’s gasoline tank truck was involved in a collision with an automobile in Suffolk County, as a result of which several thousand gallons of gasoline were discharged onto the highway and adjoining shoulder, and, via catch basins and drainage pipes, into a nearby recharge basin. Defendant, denying liability, asserts that the spillage occurred when a local fire department employee opened the dome covers on…