Kulpa v. Stewart's Ice Cream
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCasey, J.
Appeal from an amended order of the Supreme Court (Walsh, Jr., J.), entered July 29, 1987 in Montgomery County, which, inter alia, denied defendants’ motions for summary judgment dismissing the second and third causes of action in the complaint.
In January and February 1979, the Department of Transportation (hereinafter DOT) conducted tests of water from plaintiffs well, based upon an earlier complaint, and found it contained more than three times the acceptable level of gasoline. Plaintiffs neighbor, Charles Phillips, also complained of gasoline in his well water. DOT traced the source to a…
2Cases cited10 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Phillips v. Sun Oil Co.New York Court of Appeals · 1954
- 509 Sixth Avenue Corp. v. New York City Transit AuthorityNew York Court of Appeals · 1964
- Ivancic v. OlmsteadNew York Court of Appeals · 1985
- State v. Schenectady Chemicals, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
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3Cited by21 opinions
- Hoery v. United StatesSupreme Court of Colorado · 2003
- Syms v. Olin Corp.Court of Appeals for the Second Circuit · 2005
- Town of New Windsor v. Tesa Tuck, Inc.District Court, S.D. New York · 1996
- Smith v. Town of Long LakeAppellate Division of the Supreme Court of the State of New York · 2007
- Leone v. Leewood Service Station, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
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