Huntington Hospital v. Anron Heating & Air Conditioning, Inc.

—In an action to recover damages arising from an underground oil spill, the defendant E. W. Howell Co., Inc., appeals from so much of an order of the Supreme Court, Suffolk County (Cannavo, J.), dated May 22, 1997, as denied those branches of its motion which were to dismiss the first cause of action and the cross claims against it brought pursuant to Navigation Law article 12.

*815Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

In 1982 the plaintiff contracted with the appellant for construction management services in connection with the expansion of its…