Legal Opinion

State v. Dewey

Appellate Division of the Supreme Court of the State of New York

Decided April 22, 1999PublishedCited by 7 opinions

1Opinion of the CourtCarpinello, J.

Appeal from an order of *925the Supreme Court (Keegan, J.), entered February 24, 1998 in Albany County, which granted plaintiffs motion to dismiss defendants’ counterclaim.

Plaintiff commenced this action in Supreme Court to recover costs expended for the cleanup and removal of petroleum at a site owned by defendants. The appealing defendants thereafter counterclaimed for property damage allegedly incurred during plaintiffs cleanup operation or, alternatively, seeking equitable recoupment, offset and/or transfer of the counterclaim to the Court of Claims. Plaintiff moved for an order dismissing…

2Cases cited4 opinions

  1. Finnerty v. New York State Thruway AuthorityNew York Court of Appeals · 1989
  2. Nish v. Town of PoestenkillAppellate Division of the Supreme Court of the State of New York · 1992
  3. State v. VernooyAppellate Division of the Supreme Court of the State of New York · 1985
  4. Henion v. Comptroller of New YorkAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by7 opinions

  1. Briggs v. New York State Department of TransportationDistrict Court, N.D. New York · 2002
  2. Firth v. StateNew York Court of Claims · 2000
  3. Wynne v. DestasoAppellate Division of the Supreme Court of the State of New York · 2003
  4. Liddy v. DeStasoAppellate Division of the Supreme Court of the State of New York · 2003
  5. Comical Entertainment Corp. v. City UniversityNew York Supreme Court · 2009

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