Legal Opinion
State v. Stewart's Ice Cream Co.
New York Court of Appeals
Decided December 18, 1984PublishedCited by 68 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
When the State has expended moneys from the New York Environmental Protection and Spill Compensation Fund for the cleanup and removal of discharged petroleum, an action for common-law indemnity lies against any party who caused the discharge. Such an action is governed by a six-year Statute of Limitations and accrues upon any related expenditure by the State.
In 1977, the Legislature added a significant environmental protection measure by enacting the Oil Spill Prevention, Control, and Compensation Act (L 1977, ch 845; codified at Navigation Law, §§…
2Cases cited5 opinions
- McDermott v. City of New YorkNew York Court of Appeals · 1980
- State of NY v. Cortelle Corp.New York Court of Appeals · 1975
- Martin v. Edwards LaboratoriesNew York Court of Appeals · 1983
- Blanchard v. . BlanchardNew York Court of Appeals · 1911
- Brown v. RosenbaumNew York Court of Appeals · 1942
3Cited by68 opinions
- Aetna Life & Casualty Co. v. NelsonNew York Court of Appeals · 1986
- White v. LongNew York Court of Appeals · 1995
- Hartnett v. New York City Transit AuthorityNew York Court of Appeals · 1995
- State v. Speonk Fuel, Inc.New York Court of Appeals · 2004
- City of New York v. Lead Industries Ass'nAppellate Division of the Supreme Court of the State of New York · 1996
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