State v. Slezak Petroleum Products, Inc.

Spain, J.P.

Appeal from a judgment of the Supreme Court (Devine, J.), entered December 28, 2010 in Albany County, which, among other things, awarded plaintiff damages from defendant Slezak Petroleum Products, Inc.

Since 1967, defendant Slezak Petroleum Products, Inc. (hereinafter defendant) has owned real property located at 313 East Main Street in the City of Amsterdam, Montgomery County, on which there is a gasoline station1 with active underground storage tanks and a convenience store (hereinafter the spill site). In October 2004, gasoline fumes of unknown origin were detected at a warehouse…