Domermuth Petroleum Equipment & Maintenance Corp. v. Gorman Bros.

OPINION OF THE COURT

Con. G. Cholakis, J.

Plaintiff, a company in the business of cleaning up petroleum spills, was hired by the New York State Department of Transportation (hereafter D.O.T.) to contain and clean up liquid asphalt emulsion, a petroleum derivative, which was flowing into a tributary of Lake George. The emulsion came from a tanker apparently owned by defendant Gorman Bros., Inc. (hereafter Gorman).

*324Upon the failure of Gorman and its insurer, Aetna Casualty and Surety Company (hereafter Aetna), to fully pay plaintiff’s bill for its services, plaintiff commenced separate actions…