Rose v. Grumman Aerospace Corp.

In an action to *862recover damages predicated upon nuisance and Navigation Law article 12, the defendants appeal from an order of the Supreme Court, Nassau County (Saladino, J.), dated May 13, 1991, which denied their motion to dismiss the complaint.

Ordered that the order is reversed, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff purchased the subject parcel of real property from the defendants in August 1981. As a result of a test performed by the plaintiff in September 1987 it was discovered that a fuel oil storage tank on the property had leaked No. 6 fuel…