State v. Metro Resources, Inc.

(And a Third-Party Action.) Kane, J. Appeal from an order of the Supreme Court (McNamara, J.), entered September 24, 2003 in Albany County, which, inter alia, granted the motion of fourth-party defendant Texaco, Inc. for summary judgment dismissing the fourth-party complaint.

In 1987, the Department of Environmental Conservation (hereinafter DEC) investigated petroleum discharges which occurred at adjacent gasoline stations, one of which was owned by defendant and fourth-party plaintiff Metro Resources, Inc. In 1999, plaintiff commenced this action, pursuant to Navigation Law article 12,…