State v. Zurich Insurance

Appeal from an order of the Supreme Court (Cardona, J.), entered August 11, 1992 in Albany County, which, upon reconsideration, adhered to its prior decision granting defendant’s motion for summary judgment dismissing the complaint.

On September 9, 1983, oil fuel spilled from an oil storage tank owned by the New Rochelle Municipal Housing Authority (hereinafter NRMHA). Thereafter, on July 8, 1987, plaintiff commenced an action against NRMHA to recover the expenses it incurred in cleaning up the oil spill and penalties (see, Navigation Law §§ 181, 192). It eventually obtained summary judgment…