Geysir Sales Corp. v. Arctic Glacier, Inc.

In an action to recover damages for injury to property, the defendants appeal from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), dated December 7, 2009, as denied that branch of its motion which was pursuant to CPLR 3211 (a) (7) to dismiss the fifth cause of action to recover damages pursuant to Environmental Conservation Law § 37-0107.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendants’ motion which was pursuant to CPLR 3211 (a) (7) to dismiss the fifth cause of action to recover damages…