Legal Opinion
Art-Tex Petroleum, Inc. v. New York State Department of Audit & Control
New York Court of Appeals
Decided February 16, 1999PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The courts below properly held that petitioner’s CPLR article 78 proceeding to annul and vacate an environmental lien on petitioner’s land in Dutchess County, filed pursuant to Navigation Law § 181-a, should be dismissed on the ground that another adequate remedy at law was available.
At all relevant times, the subject property was operated as a gasoline station. In a 1993 agreement with petitioner, a third party leased the station and purchased the pumps, fuel lines, tanks and related fixtures…
2Cases cited4 opinions
- In re Selwyn Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1918
- Matter of Selwyn Realty CorporationNew York Court of Appeals · 1918
- George Campbell Painting Corp. v. ReidNew York Supreme Court · 1965
- George Campbell Painting Corp. v. ReidNew York Court of Appeals · 1967
3Cited by7 opinions
- State v. MarkowitzAppellate Division of the Supreme Court of the State of New York · 2000
- State v. Getty Petroleum Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- State v. GreenAppellate Division of the Supreme Court of the State of New York · 2000
- Matter of Sibley v. Steuben County Pistol Permit ClerkAppellate Division of the Supreme Court of the State of New York · 2021
- CGI Tech. & Solutions, Inc. v. New York State Off. of Mental HealthNew York Supreme Court · 2019
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